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OREGON YOUTH AUTHORITY

 

DIVISION 500

RECREATIONAL ACTIVITIES FOR OFFENDERS IN SUBSTITUTE CARE PLACEMENTS

416-500-0000

Purpose

(1) Recreational activities provide offenders with opportunities to practice social skills; alleviate idleness and boredom; provide positive reinforcement; develop the concepts of cooperation and sportsmanship; and improve self-esteem, health, and physical conditioning.

(2) Recreational activities are an integral part of offender case planning.

(3) The OYA will work with substitute care providers who serve OYA offenders in community placements to ensure that offenders receive opportunities for recreational activities that are provided in relation to the offender's case plan in a manner that is safe for the community, participating offenders, and supervising staff.

(4) Substitute care providers will schedule and make available to offenders appropriate recreational and leisure time activities, both within the residential treatment program or foster home and in the community.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892
Hist.: OYA 10-2004, f. & cert. ef. 10-1-04

416-500-0010

Definitions

(1) Recreation: Any play or leisure activity in which offenders participate, either structured or unstructured. Recreation activities are intended to refresh, offer sport, and/or pastime. Recreation is all those things that a person or group chooses to do in order to make leisure time more interesting, more enjoyable, and more personally satisfying. Purposeful recreational activities can be used to develop physical, cognitive, social, and emotional skills in juvenile settings. Such activities provide positive reinforcement and provide healthy pro-social alternatives to boredom and illegal behavior. Recreation develops concepts of cooperation and sportsmanship.

(2) Substitute care placements: Any of the out-of-home care and treatment programs authorized by the OYA to serve offenders in OYA custody, including contracted residential treatment programs and certified foster homes. Substitute care placements exclude the OYA's close custody facilities.

(3) Substitute care providers: Persons authorized by the OYA through contract or other written agreement to provide supervision and care for offenders on parole or probation status in the community. Such persons include, but are not limited to, contracted residential treatment providers and certified foster parents (including respite providers).

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892
Hist.: OYA 10-2004, f. & cert. ef. 10-1-04

416-500-0020

Fees for Banks, Trust Companies, Savings Banks, Extranational Institutions, Savings Associations and Call for Reports

(1) Definitions.

(a) As used in this rule, "assets" means;

(A) The average assets of an Oregon based insured institution; or

(B) The average Oregon assets of an extranational institution.

(b) For the purposes of determining averages in subsections (1)(a):

(A) Average assets for an Oregon based insured institution shall be determined from the quarterly Call Reports of Condition and Income filed with the applicable federal supervisory agency for the calendar year immediately preceding the due date of the fee assessment; and

(B) Average Oregon assets in for an extranational institution shall be determined from the quarterly reports of Oregon Assets filed with the Director for the calendar year immediately preceding the due date of the assessment.

(2) Call for Reports. To the extent any report used to determine the fee assessment is not required to be filed or made available to the Director under other Banking Rules, the specific reports shall be provided by the insured institution or extranational institution upon the call of the Director to allow the fee assessments to be determined.

(3) Subject to section (10) of this rule, the annual fee assessment under ORS 706.530 for an insured institution subject to the jurisdiction of the Director, including a savings association, is: If assets are:

(a) Less than $10 million, $840 plus .000289 of all assets;

(b) $10 million or more but less than $25 million, $1,706 plus .000210 of all assets;

(c) $25 million or more but less than $100 million, $3,040 plus .000161 of all assets;

(d) $100 million or more but less than $500 million, $10,285 plus .000095 of all assets;

(e) $500 million or more but less than $1 billion, $23,935 plus .000069 of all assets;

(f) $1 billion or more but less than $2 billion, $26,035 plus .000067 of all assets;

(g) $2 billion or more but less than $3 billion, $28,135 plus .000066 of all assets;

(h) $3 billion or more but less than $4 billion, $31,285 plus .000065 of all assets;

(i) $4 billion but less than $10 billion, $35,485 plus .000064 of all assets;

(j) $10 billion or more, $950,000.

(4) Subject to section (10) of this rule, the annual fee assessment determined in section (3) of this rule shall include a risk-based assessment calculated on the basis of the CAMELS rating assigned to the insured institution as of December 31 in the calendar year immediately preceding the due date of the risk-based assessment. The rate of the risk-based assessment is as follows: [Table not included. See ED. NOTE.]

(5) Subject to section (10) of this rule, the annual regulatory fee assessment under ORS 706.530 for each trust company subject to the Director's jurisdiction is $2,100 plus:

(a) .0000639 of the first $150 million in managed assets; and .0000319 of managed assets greater than $150 million;

(b) .0000160 of the first $150 million in custodial assets; and .0000080 of custodial assets greater than $150 million.

(6) Subject to section (10) of this rule, the annual regulatory fee assessment under ORS 706.530 and 713.090 for each extranational institution is: If Oregon assets are:

(a) Less than $10 million, $845 plus .000310 of all assets;

(b) $10 million or more but less than $25 million, $2,545 plus .000140 of all assets;

(c) $25 million or more but less than $100 million, $3,545 plus .000100 of all assets;

(d) $100 million or more but less than $500 million, $6,745 plus .000068 of all assets;

(e) $500 million or more, but less than $1 billion, $10,245 plus .000061 of all assets;

(f) $1 billion or more but less than $2 billion, $15,245 plus .000056 of all assets;

(g) $2 billion or more, $17,245 plus .000055 of all assets.

(7) The fees assessed by this rule are not subject to prorate or refund.

(8) If no fee is assessed during any year under sections (3) or (5) of this rule because an insured institution did not have Oregon assets during the calendar year immediately preceding the due date of the assessment, the insured institution may be charged for actual cost, if the Director participates in any examination of the institution during the same calendar year. Actual cost shall be determined in the same way as provided in OAR 441-500-0030.

(9) All fees assessed under sections (3) to (6) of this rule are due and payable on April 15 of each calendar year.

(10)(a) The Director may by order reduce the fees assessed for any specific year.

(b) When a fee is assessed under sections (3) to (6) of this rule, the assessment shall not be less than:

(A) $5,000 for an insured institution, including a savings association, under section (3);

(B) $2,500 for a trust company under section (5) and an extranational institution under section (6).

(11) The charges for special examination and special attention provided in OAR 441-500-0030 are in addition to and not in lieu of the fees assessed by this rule.

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

Stat. Auth.: ORS 705.620
Stats. Implemented: ORS 706.530
Hist.: FID 2-1986, f. & ef. 3-7-86; FID 3-1986, f. & ef. 5-15-86; FID 4-1986, f. & ef. 7-25-86; FCS 2-1988, f. 1-29-88, cert. ef. 2-1-88; Renumbered from 805-002-0100; FCS 1-1989, f. 1-18-89, cert. ef. 2-1-89; FCS 1-1993, f. & cert. 2-23-93; FCS 4-1994, f. & cert. ef. 4-25-94; FCS 1-1998, f. & cert. ef. 3-31-98, Renumbered from 441-505-0020; FCS 6-2007, f. & cert. ef. 10-22-07; FCS 1-2008, f.& cert. ef. 1-28-08; FCS 2-2009, f. & cert. ef. 2-3-09; FCS 9-2009, f. 9-15-09, cert. ef. 9-25-09; FCS 2-2010, f. & cert. ef. 3-16-10; FSR 2-2016(Temp), f. & cert. ef. 3-16-16 thru 7-29-16

416-500-0030

Activity Planning

(1) Substitute care providers will plan, organize and supervise a variety of activities, in accordance with DHS licensing standards, and/or the provisions of contracts or other written agreements.

(2) The planned activity will be consistent with the offender's case plan.

(3) Prior to the activity, substitute care providers, the OYA, the offender, and the offender's parent/guardian, where applicable, will acknowledge the risk and approve the offender's participation.

(4) Substitute care providers will plan for emergency situations, including planning for participants' medical needs and response procedures if an emergency should occur.

(5) During the activity, substitute care providers will provide supervision appropriate to the type of activity, experience of the group, environment and conditions in which the activity takes place, experience level of staff, and the nature of the venue where the activity will occur.

(6) Substitute care providers and OYA staff will ensure that the risk assessment discusses activity restrictions detailed in these rules and OYA policy.

(7) At the conclusion of the approved activity, substitute care providers will review the risk assessment to determine any changes necessary to policies and procedures based on the outcomes noted from the activity.

(8) Any incident that occurs during any recreational activity will be shared with the OYA according to OYA policy.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892
Hist.: OYA 10-2004, f. & cert. ef. 10-1-04

416-500-0040

Risk Assessment

(1) All activities involve some level of risk. Prior to participation in recreational activities, OYA staff and the substitute care provider will engage in a process to assess the risk of the activity, introduce measures to control those risks, and inform persons about the risks. The risk assessment will include, at a minimum, the following components:

(a) Description of the planned activity.

(b) Purpose or goal of the activity.

(c) Description, location, and timelines of the activity.

(d) Identification of known or possible hazards and precautions and/or safety to offset those hazards.

(e) Travel and lodging needs.

(f) Emergency precautions, including a description of emergency gear that the substitute care provider will have on hand, and a communication plan.

(2) Substitute care providers will assess all activities in writing prior to the start of activity.

(a) This assessment will be completed by substitute care providers who have a comprehensive understanding of offender behaviors and the proposed activity.

(b) The results of the assessment will be shared with each offender's Parole/Probation Officer (PPO) and the parents/guardians of offenders within a reasonable amount of time prior to the activity to allow for each to review and give consent. The OYA will provide timely review of these requests and ensure that parent/guardian consent is acquired prior to the activity.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892
Hist.: OYA 10-2004, f. & cert. ef. 10-1-04

416-500-0050

Restrictions

(1) Persons who transport offenders must:

(a) Have a valid driver's license and insurance;

(b) Comply with the provisions of state law, including the use of seatbelts; and

(c) Be authorized by OYA to provide the transportation.

(2) Persons who operate passenger vans designed to carry 12 passengers must have successfully completed an OYA-approved training course.

(3) Offender travel for recreational purposes outside of Oregon may be authorized at the discretion of the OYA Community Services Assistant Director on a case-by-case basis. All such requests must be submitted to the Community Services Assistant Director for review in a manner prescribed by OYA policy.

(4) Prior authorization from the Community Services Assistant Director, or designee, is required when foster parents request that an offender participate in a family vacation activity.

(5) Offenders in substitute care placements are not permitted to participate in hunting activities. No exceptions will be made to this standard.

(6) Preventative safety measures in accordance with state law, local ordinances, and OYA rules and policies must be taken during certain recreational activities.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 419C.481, 419C.558 & 420A.010
Hist.: OYA 10-2004, f. & cert. ef. 10-1-04; OYA 6-2012, f. & cert. ef. 6-25-12

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