Oregon Administrative Code

411-348-0150 General Safety (1) All toxic materials, including, but not limited to poisons, chemicals, rodenticides, and insecticides must be: (a) Properly labeled; (b) Stored in the original container separate from all foods, food preparation utensils, linens, and medications; a…

411-348-0170 Staffing Requirements (1) A Host Home must have in-residence caregivers or staff present appropriate to the number of all of the following: (a) Children receiving services to meet the needs of the children in accordance with each child's ISP; (b) Other children in th…

411-348-0180 Individual Summary Sheets A program provider must maintain a current one to two-page summary sheet for each child receiving services from the program provider. A copy of the summary sheet must be maintained by the program provider and at the Host Home. The record mus…

411-348-0185 Emergency Information (1) The program provider, in collaboration with the in-residence caregiver, must maintain at each Host Home emergency information for each child receiving services in the Host Home in addition to the individual summary sheet described in OAR 411…

411-348-0200 Transportation (1) Service providers, including the program provider, in-residence caregiver, staff, and volunteers who own or operate vehicles that transport children, must: (a) Maintain the vehicle in safe operating condition; (b) Comply with Department of Motor Ve…

411-348-0210 Transition Planning and Supporting Families A program provider must adopt, in addition to the individual and family involvement policy required by OAR 411-323-0060, policy and procedure that supports a child’s relationship with their family. A planning goal, when it …

411-348-0220 Required Furnishings (1) Bedroom furniture must be provided or arranged for each child and include: (a) A bed including a frame unless otherwise documented by an ISP team decision, a clean comfortable mattress, a waterproof mattress cover if the child is incontinent,…

411-348-0230 Emergency Plan and Safety Review (1) EMERGENCY INFORMATION AND EMERGENCY PLANS. A program provider must ensure: (a) The in-residence caregiver maintains emergency information for each child placed in the Host Home according to OAR 411-348-0185; (b) Emergency telephon…

411-348-0240 Assessment of Fire Evacuation Assistance and Fire Safety Evacuation Plan (1) A program provider must assess, within 24 hours of a child's entry to a Host Home, the child's ability to evacuate the Host Home in response to an alarm or simulated emergency. (2) A program…

411-348-0250 Fire Drill Requirements and Fire Safety (1) A program provider, in collaboration with an in-residence caregiver, must conduct unannounced evacuation drills when children are present, one per quarter each year with at least one drill per year occurring during the hour…

411-348-0260 Fire Safety Evacuation Plans (1) A program provider must assure a Host Home has a written fire safety evacuation plan for all children: (a) Residing in the Host Home who are unable to evacuate the Host Home in three minutes or less; (b) Whose ISP team has determined …

411-348-0280 Fire Safety Requirements (1) Each Host Home must be fire safe, including the following standards: (a) Each Host Home must have a minimum of two exterior doorway exits allowing for egress. (b) Sleeping and living quarters must have a minimum of two unobstructed emerge…

411-348-0300 Rights, Complaints, Notification of Planned Action, and Hearings (1) INDIVIDUAL RIGHTS. (a) A program provider and in-residence caregiver must protect the rights of children described in OAR 411-318-0010 and encourage and assist children and the child’s parent or gua…

411-348-0350 Behavior Supports For the purpose of this rule, a designated person is the person implementing the behavior supports identified in a child's Positive Behavior Support Plan. (1) BEHAVIOR SUPPORTS. Professional behavior services and behavior supports must be delivered …

411-348-0355 Restraint and Involuntary Seclusion (1) PROHIBITIONS. (a) Involuntary seclusion of a child is prohibited. (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 child i…

411-348-0360 Psychotropic Medications and Medication for Behavior (1) Psychotropic medications and medications for behavior must be: (a) Prescribed by a physician or health care provider through a written order; and (b) Monitored by the prescribing physician or health care provid…

411-348-0370 Personal Property (1) A program provider must prepare and maintain an accurate individual written record of personal property that has significant or monetary value to each child as determined by a documented ISP team or parent or guardian decision. (2) The record mu…

411-348-0380 Financial Records and Managing Money (1) A program provider must maintain a separate financial record for each child receiving services in a Host Home. Errors must be corrected with a single strike through and initialed by the person making the correction. The child'…

411-348-0390 Entry, Exit, Transfer, and Closure (1) NON-DISCRIMINATION. A child may not be denied services in a Host Home or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age, disa…

411-348-0410 Alternative Care, Childcare, Camp, and Alternate Caregivers (1) A program provider must establish written policies and procedures for addressing a child's safety and support needs when the child is receiving support in a setting other than the licensed Host Home or t…

411-348-0430 Individual Support Plan (1) A program provider must collect and summarize the following information prior to a child's ISP meeting: (a) One-page profile reflecting, at a minimum, information gathered by the in-residence caregiver. (b) Person-centered information refl…

411-348-0460 Civil Penalties (1) For purposes of imposing civil penalties, a Host Home licensed under ORS 443.400 through 443.455 and ORS 443.991(2) is considered to be a long-term care facility subject to ORS 441.705 through 441.745. (2) The Department issues the following sched…

411-348-0470 License Denial, Suspension, Revocation, and Refusal to Renew (1) The Department shall deny, suspend, revoke, or refuse to renew a license where the Department finds there has been substantial failure to comply with these rules or where the State Fire Marshal or the S…

411-348-0480 Criminal Penalties (1) Violation of any provision of ORS 443.400 through 443.455 is a Class B misdemeanor. (2) Violation of any provision of ORS 443.881 is a Class C misdemeanor. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Oth…

411-348-0490 Host Home Provider Eligibility for Medicaid Service Payment (1) In addition to meeting the licensing standards and conditions set forth in these rules, a program provider must have an approved prior authorization through the Department payment system for children rec…

411-360-0010 Statement of Purpose (1) The rules in OAR chapter 411, division 360 prescribe the standards and procedures for the licensure of adult foster homes for individuals with intellectual or developmental disabilities (AFH-DD). (2) These rules incorporate the provisions for…

411-360-0020 Definitions and Acronyms OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 360. In addition to the definitions in OAR 411-317-0000, the following definitions apply specifically to the rules in OAR chapter 4…

411-360-0030 Variance (1) A provider or applicant may apply to the Department for a variance from a provision of these rules. The provider must justify to the Department that such a variance does not jeopardize the health, safety, or welfare of the individuals or violate state or…

411-360-0040 License Required for Adult Foster Homes for Individuals with Intellectual or Developmental Disabilities (AFH-DD) (1) Any home that meets the definition of an AFH-DD as defined in OAR 411-360-0020 must first apply for and obtain a license from the Department or an exe…

411-360-0050 License Application and Fees for Adult Foster Homes for Individuals with Intellectual or Developmental Disabilities (AFH-DD) (1) An applicant for an AFH-DD license must complete a written application on the applicable Department forms and submit the application to th…

411-360-0055 Provider Enrollment Agreements, Contracts, and Residency Agreements (1) MEDICAID PROVIDER ENROLLMENT AGREEMENT. (a) An applicant or licensee who intends to provide care and services to support individuals who are or become eligible for Medicaid services must enter in…

411-360-0060 Capacity (1) The maximum capacity of an AFH-DD is limited to five individuals who require care and services who are unrelated to the provider by blood, marriage, or adoption. (2) The number of individuals permitted to reside in an AFH-DD is determined by the ability …

411-360-0070 Classifications for Adult Foster Homes for Individuals with Intellectual or Developmental Disabilities (AFH-DD) A provisional, limited, level 1, level 2B, or level 2M license may be issued by the Department only if the qualifications of the applicant, resident manage…

411-360-0080 Issuance of a License (1) If a home and applicant are found to be in compliance with these rules, the Department shall issue a license within 60 calendar days after the Department has received the completed application materials and the non-refundable fee described i…

411-360-0090 AFH-DD License Renewal (1) A licensee must submit a renewal application and fee prior to the expiration date of their current license to keep the license in effect until the Department renews the license or issues a final order of non-renewal. If the renewal applicat…

411-360-0110 Qualifications for Providers, Resident Managers, and Caregivers of Adult Foster Homes for Individuals with Intellectual or Developmental Disabilities (AFH-DD) (1) PROVIDER QUALIFICATIONS. A provider must: (a) Meet and maintain the level requirements of the AFH-DD lic…

411-360-0120 Training Requirements for Adult Foster Homes for Individuals with Intellectual or Developmental Disabilities (AFH-DD) (1) A provider must complete the Department’s Basic Training Course that includes but is not limited to taking and passing an examination on course w…

411-360-0130 Standards for Adult Foster Homes for Individuals with Intellectual or Developmental Disabilities (AFH-DD) The following standards must be met to qualify for or renew an AFH-DD license: (1) DAILY OPERATION. An up-to-date plan for the daily operation of an AFH-DD must …

411-360-0140 AFH-DD Standards and Practices for Health Care (1) INDIVIDUAL HEALTH CARE. An individual must receive care and services that supports and promotes their health and well-being. (a) A provider must ensure each individual has a primary physician or primary licensed heal…

411-360-0160 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. (a) A decision to develop a plan to alter…

411-360-0170 AFH-DD Documentation and Record Requirements (1) INDIVIDUAL RECORDS. A record must be developed, kept current, and available on the premises of the AFH-DD for each individual admitted to the AFH-DD. (a) A provider must maintain a summary sheet for each individual in …

411-360-0175 AFH-DD Bill of Rights for LGBTQIA2S+ Residents and Residents Living with the Human Immunodeficiency Virus (HIV) (1) DEFINITIONS. (a) "Gender expression" means an individual’s gender-related appearance and behavior, whether or not these are stereotypically associated …

411-360-0180 General Practices for Adult Foster Homes for Individuals with Intellectual or Developmental Disabilities (AFH-DD) A foster care provider must: (1) Post the license for the AFH-DD in a conspicuous location in the AFH-DD that is accessible to individuals and visitors. …

411-360-0185 Abuse and Incident Handling and Reporting (1) ABUSE REPORTING. If a mandatory reporter has a reasonable cause to believe that abuse of an individual has occurred, the mandatory reporter must report or cause a report to be made immediately by phone or otherwise to the…

411-360-0190 Entry, Transfer, Exit, Closure, and Community Living Supports (1) NON-DISCRIMINATION. An individual may not be denied services in an AFH-DD or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national or…

411-360-0200 Adjustment, Suspension, or Termination of Payment for Adult Foster Homes (AFH-DD) (1) The Department may adjust, suspend, or terminate payment to a provider when any of the following conditions occur: (a) The license for the AFH-DD is revoked, suspended, or terminate…

411-360-0210 Inspections and Abuse Investigations (1) The Department conducts an inspection of an AFH-DD: (a) Prior to the issuance of an AFH-DD license; (b) Prior to the annual renewal of an AFH-DD license; (c) Upon receipt of an oral or written complaint of violations that thre…

411-360-0220 Complaints (1) The Department furnishes each AFH-DD with a Complaint Notice. The Complaint Notice must be posted in a conspicuous location in the AFH-DD, stating the telephone number of the Department and the CDDP, and the procedure for making complaints. (2) Any per…

411-360-0230 Procedures for Correction of Violations (1) If an inspection or investigation results in a violation of these rules other than abuse, the Department notifies the provider in writing of violations of these rules. (2) The notice of violation includes the following: (a)…

411-360-0240 Administrative Sanction (1) An administrative sanction may be imposed for non-compliance with these rules. An administrative sanction may include one or more of the following actions: (a) Attachment of conditions to an AFH-DD license; (b) Civil penalties; (c) Denial,…