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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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OREGON YOUTH AUTHORITY

 

DIVISION 170

APPROVAL OF RESEARCH PROPOSALS

416-170-0000

Purpose and Scope

(1) The purpose of these rules is to establish a uniform process for review and approval or denial of research project proposals to be conducted within the Oregon Youth Authority (OYA).

(2) These rules apply to all offenders in OYA physical or legal custody, including those placed under supervision within the community in contracted residential care programs or youth offender foster homes, and offenders in OYA close custody facilities.

(3) Research projects may be conducted by OYA staff, professional researchers, or by students and others with an interest in juvenile corrections services.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 419C, 420 & 420A
Hist.: OYA 5-2000, f. & cert. ef. 6-15-00; OYA 2-2005, f. & cert. ef. 1-11-05; OYA 1-2012, f. & cert. ef. 2-3-12

416-170-0005

Definitions

(1) Cabinet: An executive group that provides oversight to OYA operations.

(2) Offender: A person in the legal and physical custody of OYA, either in an OYA close custody facility or placed in the community under supervision; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA close custody facility.

(3) OYA: Oregon Youth Authority

(4) OYA Research Committee (ORC): OYA committee comprised of OYA staff and external partners, overseen by the OYA Research Manager.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 2-2005, f. & cert. ef. 1-11-05; Renumbered from 416-170-0050, OYA 4-2005, f. & cert. ef. 1-13-05; OYA 1-2012, f. & cert. ef. 2-3-12

416-170-0010

General Standards

(1) No research may be conducted without OYA approval in the manner prescribed in these rules, and related OYA policy and procedures.

(a) Oregon Department of Corrections (DOC) approval is required for any research involving offenders in the legal custody of DOC and the physical custody of OYA.

(b) Offender participation must be voluntary and the offender's confidentiality will be protected.

(c) OYA retains the right to review the compilation of data or completed report describing project outcomes prior to publication, and may require a disclaimer if it believes assumptions about the data are flawed.

(2) OYA will consider research proposals that benefit the agency or juvenile corrections as a whole, such as:

(a) Studies of possible causes of criminal behavior, and effects of incarceration;

(b) Studies of close custody systems or treatment programs as institutional structures or of youth as incarcerated persons;

(c) Research on conditions particularly affecting adjudicated or convicted offenders as a class; and

(d) Research on practices, both innovative and accepted, that have the intent and reasonable probability of improving the health or well-being of the subject. In cases in which such research requires the assignment of offenders to control groups that may not benefit from the research, the research proposal will include discussion regarding the ethical considerations to support the research.

(3) All research project proposals submitted to OYA must have been reviewed and approved by a human subjects review committee prior to submittal to OYA.

(4) The risk posed to subjects will be no more than minimal and participation in the study will represent no more than an inconvenience.

(5) Treatments, therapies, and procedures used in the project must be generally recognized and accepted as therapeutic.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2000, f. & cert. ef. 6-15-00; OYA 2-2005, f. & cert. ef. 1-11-05; OYA 1-2012, f. & cert. ef. 2-3-12

416-170-0020

Project Review

(1) The OYA Research Committee (ORC) will review all research project proposals prior to implementation. Following such review, the ORC will submit a recommendation to the OYA Research Manager for approval or denial of the project. The decision of the OYA Research Manager is final.

(2) Proposals requiring OYA policy decisions will be referred to the OYA Cabinet, as appropriate.

(3) The ORC may recommend agency approval of research projects only if it finds that:

(a) The research project proposal has been reviewed and approved by a human subjects review committee (e.g., institutional review board);

(b) The research question is relevant and of importance to the agency or juvenile corrections as a whole;

(c) The implementation of such project does not cause undue expense or use of agency resources or compromise safety, security, OYA’s mission, or state or federal laws;

(d) The advantages to the offender are not of such a magnitude as to affect the offender's ability to weigh the risks of the research against the value of such advantages in the limited-choice environment within facilities or programs;

(e) The risks involved in the research are commensurate with the risks that would be accepted by non-adjudicated or non-convicted persons;

(f) Procedures for selection of subjects within the facility are fair to all offenders and immune from arbitrary intervention by facility or program personnel, or other offenders. Unless there is written justification for following some other procedures, control subjects will be selected randomly from the group of available offenders who meet the characteristics needed for the particular research project; and

(g) Adequate assurance exists that an offender's participation in the project or refusal to participate will not affect the offender's release or privilege status.

(4) During the review process, the ORC may engage other parties, such as advisory committees and representatives of other governmental agencies, to provide technical critiques of the proposed project and opinions on its merits.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2000, f. & cert. ef. 6-15-00; OYA 2-2005, f. & cert. ef. 1-11-05; OYA 1-2012, f. & cert. ef. 2-3-12

416-170-0030

OYA Research Committee (ORC)

The ORC will:

(1) Develop procedures to ensure that proposals are reviewed in a timely manner;

(2) Represent the agency's facilities, programs, stakeholders, and offenders, and include persons with the technical knowledge and ability to review project methodology and outcomes;

(3) Review all research proposals and submit recommendations for approval or denial of such requests to the OYA Research Manager for final approval;

(4) Ensure proper consent and assent is given prior to an offender’s participation in a research project, according to OYA policy and a human subjects review committee recommendations;

(5) Provide notification of approved research projects, including a copy of the approved informed consent or assent form, to relevant OYA programs or facilities;

(6) Maintain a complete and current list of all research projects approved by OYA;

(7) Review the resulting data or project report and recommend to the OYA Cabinet whether a disclaimer is necessary; and

(8) Assist in the development of a project summary for distribution to the agency-at-large.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2000, f. & cert. ef. 6-15-00; OYA 2-2005, f. & cert. ef. 1-11-05; OYA 1-2012, f. & cert. ef. 2-3-12

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