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

 

DIVISION 330

SUBSTITUTE CARE PLACEMENT

 

416-330-0000

Purpose

Offenders placed by the courts in OYA custody may be placed in substitute care as determined by the OYA in accordance with Oregon Revised Statutes, Oregon Administrative Rules, and OYA policies and procedures. The purpose of these rules is to define the OYA relationship with substitute care providers and ensure that the best interests of minority youth are met by requiring consideration of their racial and ethnic heritage when making out-of-home placements.

Stat. Auth.: ORS 421A.025
Stats. Implemented: ORS 420A.010 & 420A.014
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 12-2004, f. & cert. ef. 10-1-04

416-330-0010

Definitions

(1) Substitute care: Out-of-home residential placement in the community that provides 24-hour-a-day care and treatment, excluding a relative's home. Such placements include, but are not limited to foster care and contracted residential treatment programs.

(2) Extended family member: A person 18 years of age or older, including but not limited to a related or non-related foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with an offender, subject to OYA approval.

(3) Minority: Person(s) having origins in any Hispanic, Black, Asian, or Pacific Islander group. American Indians and Alaskan natives are included when these rules provide a higher standard of care or protection than are provided by the Indian Child Welfare Act (Public Law 95-068).

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010 & 420A.014
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 12-2004, f. & cert. ef. 10-1-04

416-330-0020

Administration

(1) No person or organization will provide substitute care services to an offender in OYA custody without:

(a) A current, valid license issued by the Oregon Department of Human Services (DHS), or other licensing body approved by the State of Oregon and the OYA that specifies the location of the program and the type of services the program is authorized to provide;

(b) A certificate of approval from the OYA; or

(c) A written contract or agreement with the OYA that defines services, population served, and roles and responsibilities.

(2) The OYA will have the right of entry, privilege of inspection, and access to staff and all records of work relating to offenders for the purpose of ensuring compliance with federal and state laws and rules, applicable contract/agreement language, and OYA policies and procedures.

(3) These programs will utilize staff and volunteers whose presence does not jeopardize the health, safety, or welfare of offenders.

(a) The provisions of OAR 416, division 800 also apply.

(b) Program staff and volunteers will be responsible, mature persons who demonstrate the knowledge and ability to care for offenders within the generally accepted professional standards of care.

(c) For foster care placements, the provisions of OAR 416, division 530 also apply.

(d) For licensed programs, the provisions of the licensing agency also apply.

(e) When staff and volunteers are required to maintain professional licenses or certificates in order to provide services to clients, the staff and volunteers will comply with any standards that are applicable to their licensed profession.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010 & 420A.014
Hist.: OYA 12-2004, f. & cert. ef. 10-1-04

416-330-0030

Placement decisions

(1) The OYA may consider placement options in the community for an offender when the following provisions apply.

(a) There is a legal basis for OYA custody through a court order.

(b) The offender is less than 18 years of age at the time of placement in OYA legal custody and services are first initiated. (Exception: Offenders committed to a close custody placement after age 19 and offenders transferred from the Department of Corrections.)

(c) The offender's behavior is medium to high risk for the offender, the offender's family, or the community but the offender can, without threat of harm to self or others, be managed in an available and appropriate substitute care resource.

(2) When an offender is being placed in a single family home, the OYA will place the offender using the following order of preference:

(a) Legal parent(s);

(b) Extended family member(s);

(c) Substitute care providers with knowledge and appreciation of the ethnic heritage of the offender if the offender is considered a minority.

(3) A determination not to follow the order of placement preference will be based on grounds that such placement is inappropriate and inconsistent with the best interests of the offender for one or more of the following reasons:

(a) An informed request of the parents or legal guardian that the order of preference not be followed;

(b) Extreme medical, physical or psychological needs of the offender;

(c) Unavailability of a family or person who meets both the placement standards and preference criteria;

(d) When protection of the community precludes following these placement preferences.

(4) When placement does not meet these placement preferences, the reasons must be documented in the offender's case file.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010 & 420A.014
Hist.: OYA 12-2004, f. & cert. ef. 10-1-04

416-330-0040

Consulting With Ethnic Community

(1) The OYA will seek and include advice from persons within the offender's ethnic group when making substitute care placement decisions if appropriate.

(2) The OYA may request a person(s) from the offender's ethnic group to act as a representative for purposes of advising the OYA on matters of racial and ethnic heritage when deciding upon a substitute care placement. The representative will:

(a) Assist in the identification and development of placement resources that meet the requirements of these rules for the placement of minority offenders;

(b) Assist the OYA in deciding upon an appropriate placement for the offender placed under these rules;

(c) Be subject to all confidentiality laws, rules and penalties as if they were an employee of the OYA;

(d) Participate in local screening committee meetings, upon request of the OYA.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010 & 420A.014
Hist.: OYA 12-2004, f. & cert. ef. 10-1-04

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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