The Oregon Administrative Rules contain OARs filed through October 15, 2015








(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



(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


General Standards

(1) Court order establishes the OYA's authority as legal custodian or guardian of offenders committed to the legal custody of the OYA and placed on parole or probation status in substitute care placements, making the OYA responsible for their general care and supervision. As part of that authority, the OYA works in coordination with the substitute care provider to ensure appropriate substitute care and treatment is provided.

(a) Substitute care providers will comply with Department of Human Services (DHS) licensing standards, written contracts or agreements with the OYA or other agencies, and OYA policies that discuss the provision of recreational activities.

(b) Substitute care providers will develop written procedures that detail the process for risk assessment, activity planning and approval, according to the standards defined in these rules and OYA policy.

(c) Substitute care providers will provide training to their staff to ensure compliance with the standards discussed in these rules and OYA policy.

(2) When planning a recreational activity, it is prudent for substitute care providers to check the level of insurance coverage for the planned recreational activity. In some instances, additional coverage may be required.

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


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


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



(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