Oregon Administrative Code

411-345-0010 Statement of Purpose The purposes of the rules in OAR chapter 411, division 345 are to: (1) Effectuate Oregon’s Employment First policy, as described in the State of Oregon Executive Order No. 15-01 and OAR chapter 407, division 025, under which: (a) The employment o…

411-345-0020 Definitions and Acronyms for Employment Services In addition to the following definitions and acronyms, OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 345. If a word or term is defined differently in OAR…

411-345-0025 Employment Service Requirements (1) Requirements for all employment services: (a) The delivery of employment services provided under these rules presumes all individuals eligible for services can succeed in a job and career in a competitive integrated employment sett…

411-345-0027 Eligibility for Employment Services (1) An individual may not be denied employment services or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age, disability, source of…

411-345-0030 Employment Provider Qualifications and Training Requirements (1) EMPLOYMENT PROVIDER TYPES. A qualified provider of employment services must be one of the following: (a) A provider agency certified and endorsed in accordance with OAR chapter 411, division 323. (b) A …

411-345-0035 Standards for Provider Agencies Delivering Employment Services (1) CERTIFICATION AND ENDORSEMENT. A provider agency delivering employment services must meet the qualification and training requirements in OAR 411-345-0030. (2) INSPECTIONS AND INVESTIGATIONS. A provide…

411-345-0050 Reciprocal Compliance for Agency Service Providers (1) The Department may accept compliance with other formally recognized standards as assurance of compliance with all or part of these rules. (2) An employment service provider seeking an endorsement based on complia…

411-345-0085 Reports and Recordkeeping (1) A provider must maintain progress notes regarding the employment service provided. (a) A progress note must include, at minimum, all of the following information regarding the service rendered: (A) Date and time the service was delivered…

411-345-0090 Variances for Agency Service Providers (1) The Department may grant a variance to these rules based upon a demonstration by the agency service provider that an alternative method or different approach provides equal or greater program effectiveness and does not adver…

411-345-0095 Service and Payment Limitations (1) Employment service rates authorized in Department payment and reporting systems are paid to providers for delivering services, as described in these rules, and shall be based upon the Collective Bargaining Agreement and the Rate Sc…

411-345-0110 Individuals’ Rights and Individually-Based Limitations (1) INDIVIDUAL RIGHTS. (a) A provider agency must have and implement written policies and procedures protecting the individual rights described in OAR 411-318-0010 and encourage and assist individuals to understa…

411-345-0130 Complaints, Notification of Planned Action, and Hearings (1) INDIVIDUAL COMPLAINTS. (a) A provider agency must have and implement written policies and procedures for individual complaints in accordance with OAR 411-318-0015. (b) Individual complaints by, or on behalf…

411-345-0140 Exit and Transfer Requirements for a Provider Agency (1) VOLUNTARY TRANSFERS AND EXITS. (a) A provider agency must promptly notify an individual's case manager if the individual gives notice of the intent to exit services or abruptly exits services. (b) A provider ag…

411-345-0145 Entry Requirements for a Provider Agency (1) An entry meeting must occur, upon request from an individual, the individual's provider agency, or any member of the individual's ISP team, when the individual begins employment services with a new provider. (2) Prior to t…

411-345-0160 Individual Support Plan and Career Development Planning (1) A Career Development Plan must be completed as part of an individual's ISP consistent with the case management requirements outlined under OAR chapter 411, division 415. (2) A provider must implement an indi…

411-345-0170 Behavior Supports and Physical Restraints For the purpose of this rule, a designated person is the person implementing the behavior supports identified in an individual's Positive Behavior Support Plan. (1) BEHAVIOR SUPPORTS. Professional behavior services and behavi…

411-346-0100 Statement of Purpose (1) The rules in OAR chapter 411, division 346, prescribe the standards and procedures for the provision of Developmental Disabilities-funded foster care services for children with intellectual or developmental disabilities in child foster homes …

411-346-0110 Definitions and Acronyms In addition to the following definitions and acronyms, OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 346. If a word or term is defined differently in OAR 411-317-0000, the defin…

411-346-0120 Certification Required (1) Any home that meets the definition of a child foster home must be certified by one of the following agencies: (a) The Department; (b) DHS-CW; or (c) The OYA. (2) A child in foster care shall only be placed in a certified child foster home. …

411-346-0130 Indian Child Welfare Act The Indian Child Welfare Act (ICWA) gives federally recognized Native American tribes the authority to select a home for a child protected by the ICWA. Tribes and Alaskan Native Regional Corporations may license, approve, or specify a foster …

411-346-0140 Selection (1) The Department or the CDDP shall recruit foster providers who have the abilities and commitment to carry out the responsibilities set forth in these rules to meet the Department's specific need for homes. The Department shall determine which applicants …

411-346-0150 General Requirements for Certification (1) An applicant or foster provider must participate in certification and certification renewal studies and in the ongoing monitoring of their home. (2) An applicant or foster provider must give the information required by the D…

411-346-0160 Renewal of Certificate (1) At least 90 days prior to the expiration of a certificate, the Department shall send a reminder notice and application for renewal to the currently certified provider. Submittal of a renewal application prior to the expiration date keeps th…

411-346-0165 Emergency Certification (1) An emergency certificate may be issued by the Department for up to 30 days, provided the following conditions are met: (a) An Oregon background check indicates no immediate need for fingerprinting for all persons living in the home; (b) A …

411-346-0170 Personal Qualifications of the Applicant and Foster Provider (1) The applicant and foster provider must: (a) Be responsible, stable, emotionally mature adults who exercise sound judgment; (b) Have the interest, motivation, and ability to nurture, support, and meet th…

411-346-0180 Professional Responsibilities of a Foster Provider (1) TRAINING AND DEVELOPMENT. A foster provider must: (a) Complete at least 15 hours of pre-service training prior to initial certification and 10 hours annually for certification renewal. The Department or certifyin…

411-346-0185 Abuse and Incident Handling and Reporting (1) ABUSE REPORTING. (a) A foster provider and their employees, alternate caregivers, and volunteers are mandatory reporters according to ORS 419B.005 through 419B.015. Mandatory reporters are required to immediately report t…

411-346-0190 Standards and Practices for Care and Services (1) A foster provider is responsible for supervision and must: (a) Provide structure and daily activities designed to promote a child's physical, social, intellectual, cultural, spiritual, and emotional development. (b) P…

411-346-0195 Restraint and Involuntary Seclusion (1) PROHIBITIONS (a) A child may not be placed in involuntary seclusion. (b) A child may not be placed in a restraint except as described in section (2) of this rule. (c) The use of any of the following types of restraint of a chil…

411-346-0200 Environmental Standards (1) GENERAL CONDITIONS. (a) The buildings and furnishings must be clean and in good repair and grounds must be maintained and accessible according to the needs of the children residing in the home. (b) Walls, ceilings, windows, and floors must…

411-346-0210 Variances (1) The Department may grant a variance to these rules based upon a demonstration by a foster provider that an alternative method or different approach provides equal or greater program effectiveness and does not adversely impact the welfare, health, safety…

411-346-0220 Conditions, Denial, Suspension, Revocation, Refusal to Renew, and Civil Penalties (1) CONDITIONS. (a) The Department may attach conditions to a certificate that limit, restrict, or specify other criteria for the operation of a child foster home. The type of condition…

411-346-0230 Appeals (1) Upon written notice of denial, suspension, revocation, or non-renewal of a certificate from the Department, an applicant or foster provider may request a contested case hearing to appeal the decision pursuant to ORS 183.413 to 183.470. (2) The written req…

411-346-0240 Standards for Entry, Transfer, Exit, and Closure (1) NON-DISCRIMINATION. A child may not be denied services in a child foster home or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, mar…

411-346-0250 Child Foster Provider Eligibility for Medicaid Service Payment (1) A foster provider must have an approved prior authorization for services in the Department’s electronic payment and reporting system prior to entering a claim for a day of service. The prior authoriza…

411-348-0010 Statement of Purpose (1) The rules in OAR chapter 411, division 348, in addition to the rules in OAR chapter 411, divisions 318 and 323, prescribe standards, responsibilities, and procedures for a Host Home Program delivering home and community-based services to chil…

411-348-0020 Definitions and Acronyms In addition to the following definitions, OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 348. If a word or term is defined differently in OAR 411-317-0000, the definition in this…

411-348-0025 Program Management, Endorsement, Certification, and Enrollment (1) CERTIFICATION, ENDORSEMENT, AND ENROLLMENT. To operate a Host Home Program, a program provider must have: (a) A Medicaid agency certificate and an endorsement for a Host Home Program as set forth in O…

411-348-0030 Issuance of License (1) No person, agency, or governmental unit acting individually or jointly with any other person, agency, or governmental unit shall establish, conduct, maintain, manage, or operate a Host Home Program without being licensed for each residential t…

411-348-0040 Application for Initial License (1) At least 30 calendar days prior to anticipated licensure, an applicant must submit an application, an In-Residence Caregiver Applicant Study, and required non-refundable fee in the amount in accordance with ORS 443.416. The applica…

411-348-0045 In-Residence Caregiver Applicant Study (1) A program provider submitting an application for licensure of a Host Home must complete and submit an In-Residence Caregiver Applicant Study. The In-Residence Caregiver Applicant Study must contain documentation of all of th…

411-348-0050 License Expiration, Termination of Operations, and License Return (1) Unless revoked, suspended, or terminated earlier, each license to operate a Host Home expires two years following the date of issuance. (2) If the operation of a Host Home is discontinued for any r…

411-348-0060 License Conditions The Department may attach conditions to a license that limit, restrict, or specify other criteria for the operation of a Host Home. The type of condition attached to a license must directly relate to the risk of harm or potential risk of harm to ch…

411-348-0070 License Renewal (1) A license is renewable upon submission of an application to the Department, any updated information pertaining to the In-Residence Caregiver Applicant Study, and the payment of the required non-refundable fee in accordance with ORS 443.415. (2) An…

411-348-0090 Change of Ownership, Legal Entity, Legal Status, Management Corporation, and In-Residence Caregiver (1) A program provider must notify the Department in writing of any pending change in ownership or legal entity, legal status, management corporation, or in-residence …

411-348-0100 Capacity (1) A Host Home may only have a capacity to serve up to two children enrolled in services. (2) The capacity of a Host Home is based on consideration of the following factors: (a) The physical requirements as specified by these rules; and (b) The number of ch…

411-348-0110 Variances (1) The Department may grant a variance to these rules based upon a program provider’s demonstration that an alternative method or different approach provides equal or greater effectiveness and does not violate state or federal laws or adversely impact chil…

411-348-0120 Medical Services (1) POLICY AND PROCEDURE. A program provider must have and implement written policies and procedures that maintain and protect a child’s physical health. The policies and procedures must address the following: (a) Child health care needs; (b) Medicat…

411-348-0130 Food and Nutrition (1) An in-residence caregiver must offer three nutritious meals and two snacks daily. Meals must be offered at times consistent with those in the community. (a) Daily meals must include food from the four basic food groups according to the United S…

411-348-0140 Physical Environment (1) All floors, walls, ceilings, windows, furniture, and fixtures must be kept in good repair, clean, and free from odors. Walls, ceilings, and floors must be of such character to permit frequent washing, cleaning, or painting. (2) The interior a…