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

 

DIVISION 315

YOUTH CARE CENTER DESIGNATION

 

416-315-0000

Purpose

Oregon statute vests with the Oregon Youth Authority (OYA) the responsibility to approve youth care center (YCC) programs operated within county secure facilities, based on reasonable and satisfactory assurances that minimum standards are met. The purpose of these rules is to define the process detention facilities will use to request approval and designation of such programs, and the criteria the OYA will apply to review the requests.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.855 - 420.885
Hist.: OYA 12-2005, f. & cert. ef. 6-13-05

416-315-0010

Program Review

(1) YCC programs are designed to offer treatment and rehabilitation services to the population served. Such programs may be operated within juvenile detention facilities only when:

(a) Youth enter the YCC program through a referral and screening process that assumes that placement of the youth in a treatment environment best meets the needs of the youth and is the least restrictive placement for the youth based on review of assessments and other supporting documentation;

(b) Treatment and rehabilitation services are offered to youth separate from those offered to youth placed in detention;

(c) YCC programs are reviewed and approved by the OYA prior to implementation.

(2) The OYA will review each request to operate a YCC. That review will include:

(a) A determination whether:

(A) Physical facilities comply with applicable rules of the Department of Human Services (DHS) and the State Fire Marshal;

(B) The YCC program currently employs capable, trained, and experienced personnel;

(C) The YCC program includes educational, vocational, recreational, medical, and counseling opportunities that best meet the needs of the youth served; and

(D) A system is in place to ensure that each youth's county probation officer, or other applicable government agent, closely monitors the youth's progress in the program and participates in the planning process.

(b) A review of:

(A) YCC program policies and procedures to ensure that care and rehabilitation services are offered separate from detention program services; and

(B) The YCC treatment and rehabilitation program to ensure that it includes, at a minimum:

(i) A clearly articulated program based on research and sound theory.

(ii) A referral process that identifies a target population to be served (including definition of those youth not appropriate for placement) and a screening process to ensure appropriate placement of youth;

(iii) A written, individualized service plan for each youth that outlines the treatment goals the youth must work toward during his/her stay and the youth's transition needs. This plan will differ from those of other youth served;

(iv) A treatment environment that integrates each youth's service plan goals into the program's daily routine. This environment should be unique to each youth served;

(v) A physical environment that clearly distinguishes the YCC program from the detention environment;

(vi) A system that involves the youth's service worker closely monitoring the youth's progress in the program and participating in the youth's planning process; and

(vii) A clearly defined length of stay based on the youth's attainment of service plan goals. The youth's length of stay in the YCC program may not be influenced by space needs within the detention facility.

(C) The most recent detention facility evaluation completed by the Department of Corrections.

(D) An on-site visit to review the YCC program.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.855 - 420.885
Hist.: OYA 12-2005, f. & cert. ef. 6-13-05

416-315-0020

Approval Notification

(1) All communication between a county and the OYA will be in writing.

(2) Within 30 days following the completion of the compliance site review, the OYA will notify the county of its approval or denial of the YCC program.

(a) If approved, the county will be able to operate the YCC program for a period of two years.

(b) If denied, the OYA will issue a written denial that states:

(A) The reasons the YCC program does not meet the approval criteria;

(B) A list of corrective actions required for subsequent approval; and

(C) A timeline for implementing the corrective actions.

(3) In some cases, the OYA may issue provisional approval:

(a) For a newly-designed YCC program that has not been fully implemented (e.g. staff have not been hired; youth have not been placed).

(b) For an operating YCC program that does not fully meet the approval criteria but requires minimal corrective action in order to comply.

(c) Provisional approvals will be issued for up to 180 days, at which time the YCC program will be re-reviewed for a regular approval.

(4) Once a county receives approval to operate a YCC program, the county must notify the OYA, in writing, when it makes YCC program changes directly related to the approval criteria. The OYA will inform the county if it determines that an on-site YCC program review is necessary to review the changes. The OYA may continue its approval only if it determines that the approval criteria are still being met.

(5) Sixty days prior to the expiration of an approval, the county will inform the OYA of its intent to continue YCC program operation. At that time, the OYA will determine whether an on-site YCC program review is warranted and inform the county.

(6) The county must notify the OYA in writing if it decides to terminate its YCC program.

(7) The OYA reserves the right to terminate its approval at any time when a YCC program no longer meets the criteria described in these rules.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.855 - 420.885
Hist.: OYA 12-2005, f. & cert. ef. 6-13-05

416-315-0030

Grievance

A county that disagrees with any OYA action or decision during the approval process may request a formal or informal hearing to grieve a particular OYA action.

(1) To request an informal grievance, the county will inform the OYA that the YCC program wishes to informally grieve a particular action.

(a) Within seven working days of receiving the request, the OYA will contact the YCC program to schedule a meeting designed to define the problem, identify the desired outcome, and establish a plan for resolution.

(b) The results of the meeting will be provided in writing to the YCC program, and include the steps necessary to initiate a formal grievance review if the county remains dissatisfied.

(2) The county will inform the OYA in writing the desire to initiate a formal grievance.

(a) Within 10 calendar days of receiving the request, the OYA will contact the YCC program to schedule a review of the matter.

(b) The review will be held within 30 calendar days of the request, unless the YCC program and the OYA mutually agree to a delay. All involved parties will be notified in writing of the date and time for the review.

(c) The review will be held at the YCC program and during normal working hours, unless the YCC program requests a different time or location, and prior authorized by the OYA.

(d) The Deputy Director, or designee, will convene a Program Review Committee. Individuals may be selected from external and internal stakeholders and experts as indicated by the YCC program to be reviewed.

(e) The review will be recorded, and the recording preserved until the grievance is resolved or for two years, whichever is longer.

(3) Only information directly related to issue(s) of the grievance will be considered.

(4) Copies of documents relied upon will be provided to the YCC program and the OYA. If information contained within those documents is confidential, as defined by federal or state laws or policies, it will be redacted and the non-confidential portions will be provided.

(5) Within 10 working days of completing the review, the OYA will prepare a written decision. The decision will include directions to the county for filing an appeal to the Director.

(6) A copy of the decision will be sent to the YCC program as soon as practical following its completion.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.855 - 420.885
Hist.: OYA 12-2005, f. & cert. ef. 6-13-05

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