Oregon Administrative Code

413-208-0030 Contesting a Fitness Determination (1) If the Department determines that a subject individual cannot be certified or approved as a potential adoptive resource, based on a negative fitness determination, unless the subject individual voluntarily withdraws from the pro…

413-208-0035 Record Keeping, Confidentiality (1) All LEDS reports are confidential, and the authorized designee must maintain the reports in accordance with applicable OSP requirements in ORS chapter 181 and the rules adopted pursuant thereto (see OAR chapter 257, division 15). (…

413-310-0200 Purpose These rules describe SOSCF’s procedures for handling payments made by SOSCF which are in error or result from fraudulent acts committed by service providers and subcontractors of service providers contracting with SOSCF, persons working under personal service…

413-310-0210 Definitions (1) “Fraud”: Intentional acts, claims, statements, or payments resulting in misrepresentation and/or willful withholding of material facts for the purpose of deceiving. (2) “Unintentional Error”: Errors in payments or billings made without intent to decei…

413-310-0220 Unintentional Error In instances of unintentional error, SOSCF will report the details of the inappropriate payment to SOSCF Collections Unit for review. The Collections Unit will establish an account receivable and collect from future payments or prepare a billing i…

413-310-0230 Fraud or Willful Deception (1) Any employee who becomes aware of what appears to be a payment based on incorrect or fraudulent information shall notify his/her supervisor immediately. The worker and supervisor having responsibility for payment will determine whether …

413-310-0235 Referral to Other Agencies (1) The Chief Financial Officer of the Department of Human Services (DHS) Financial Services Section will be responsible for coordinating the investigation of fraud committed by an agency employee or designated non-state employee who has be…

413-310-0240 Employee Responsibility (1) It is the responsibility of each employee of the division to be alert to the possibility of incorrect payments. (2) It is the responsibility of all supervisors to insure that each employee is aware of this responsibility and that proper in…

413-310-0300 Purpose These rules describe the actions which will be taken by the State Office for Services to Children and Families Accounting Services Section when “writing off” accounts receivable balances owed to the agency. Statutory/Other Authority: HB 2004 Statutes/Other Im…

413-310-0310 Criteria for Determining Amounts Owed (1) The State Office for Services to Children and Families will follow ORS 293.235, 293.240 and the criteria established by the Secretary of State and the Attorney General of the State of Oregon for determining and certifying acc…

413-310-0320 Determinations for Write Off One of the following determinations of uncollectibility must apply to each debt submitted for write off: (1) The cost of collection is not economically feasible. (2) The debtor is dead and his/her estate has no assets from which money cou…

413-310-0350 Recovery of Overpayments — General These rules describe SOSCF’s procedures for handling the collection of overpayments to contracted providers of child care and treatment services, and for granting Administrative Reviews and hearings in contested cases. Contested cas…

413-310-0355 Definition "Overpayment" is defined for purposes of these rules as a payment for child care or treatment services and for related services to a family made by SOSCF, on behalf of a client, that either is paid to an ineligible provider or that exceeds the amount autho…

413-310-0360 Policy (1) In instances of overpayment as defined above, SOSCF will initiate action to recover money inappropriately paid out. (a) When an overpayment is discovered, notice will be sent to the service provider in writing stating that deductions will be made from futu…

413-310-0410 Definitions (1) “Cost of care” means services provided to meet the needs of a child or young adult, which includes, but is not limited to, food, shelter, clothing, medical care, schooling, protection and supervision. (2) “Child Support Program (CSP)” means the entiti…

413-310-0430 Maintenance Account Moneys intended for the child’s cost of care, may be deposited in the maintenance account. The maintenance account must reflect the earned interest. The SSI benefits must be used to provide a child or young adult with current needs such as food, c…

413-310-0440 Special Account Money received for a child or young adult that has been identified for a specific purpose other than maintenance must be deposited into a Special Account. Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050 Statu…

413-310-0460 Obtaining Money on Behalf of a Child or Young Adult (1) Federal Benefits. (a) The Department must file an application for it to become the Representative Payee on behalf of a child or young adult in the legal custody of the Department. Application for Social Security…

413-310-0470 Use of Money Available for a Child or Young Adult A child’s benefits may be deposited in a Maintenance Account or a Special Account. The type of account determines how the money may be used. (1) Maintenance Account: (a) SSI may be deposited in the maintenance account…

413-310-0480 Transfer of Money Between Maintenance and Special Accounts Money may be transferred between the maintenance and special accounts with appropriate managerial approval. Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050 Statutes/…

413-310-0490 Financial Accounting (1) Financial accountings are required on all cases where a client was in a paid placement. This is required even if no money was received into the child’s Trust Account from any source during placement with the Department. (2) Financial records …

413-310-0500 Clearing a Trust Account (1) When a child or young adult whose custody from the Department is terminated, the funds available in the Trust Account must be disbursed and the account is inactivated. (2) Maintenance Account. Where there is any balance in the Maintenance…

413-310-0510 Unclaimed Trust Account Balances In accordance with the Uniform Disposition of Unclaimed Property Act of l957 (ORS 98.302–98.436) the Department must: (1) Identify each account which has been “unclaimed” and abandoned two years from the date Department custody was te…

413-330-0900 Purpose These administrative rules (OAR 413-330-0900 to 413-330-1010) describe the use of the system-of-care short-form personal-services contract. These rules also describe how approval authority for these contracts is delegated to agency managers and supervisors. S…

413-330-0910 Definitions As used in OAR 413-330-0900 to 413-330-1010: (1) "Approval authority" means the authority to approve and execute a contract. OAR 125-020-0220(1) gives the Department of Administrative Services (DAS) approval authority for all state agency contracts. DAS h…

413-330-0920 Policy (1) The Department’s implementation of its strengths-and-needs-based system-of-care model for delivering client services has placed an increased emphasis on providing the child and the child’s primary care giver with the individualized services they need in a …

413-330-0930 Contractor (1) A short-form contract is used by the Department only to contract with a provider who is an independent contractor. (2) An SOC contractor must be at least 18 years of age. (3) A contractor for an SOC short-form contract is selected by direct negotiation…

413-330-0940 Types of Service (1) The Department uses an SOC short-form contract with a traditional contractor for such services as the following: (a) Housing and food services — including housing deposits, utilities, home repairs, food, household necessities, cleaning services, …

413-330-0950 Insurance (1) Traditional contractor insurance requirements. The coverage and limits of insurance required for a traditional contractor are specified in the contract. The Department requires a traditional contractor to provide proof that all required insurance is eff…

413-330-0960 Dispute Resolution: Short-Form Contracts (1) When a short-form contract is used to contract with a nontraditional contractor, the child’s case worker requests that the client sign a "Dispute Resolution Agreement." The client and the Department are parties to the "Dis…

413-330-0970 Criminal History Records Check for SOC Contractors (1) The Department has determined that persons who engage in certain criminal conduct may not be qualified to be system-of-care contractors because their criminal conduct is fundamentally inconsistent with having any…

413-330-0980 DHS Abuse and Neglect Information Check (1) To further protect children from abuse and neglect, the Department checks all SOC contractors against the Department’s child-abuse and neglect-assessment information. (2) The Department maintains the confidentiality of clie…

413-330-0990 Unauthorized Services The state is not obligated to pay for services obtained before the contract has been written, approved, and signed by the contractor and a representative of the Department who has contract approval authority. A Department employee who authorizes…

413-330-1000 Delegation of Short-Form Contract Approval Authority (1) Authority to approve short-form contracts is hereby delegated to the Administrator for Program Performance and Reporting. (2) The Administrator for Program Performance and Reporting may delegate to a Child Welf…

413-330-1010 Responsibilities of Child Welfare Program Managers and Supervisors with Delegated Authority (1) A Child Welfare program manager or supervisor with delegated approval authority is responsible for the following duties relating to SOC short-form contracts. The responsib…

413-330-1100 Purpose This administrative rule set (413-330-1100 through 413-330-1150) describes the use of short-form personal-services contracts funded by the Focused Opportunities for Children Utilizing Services (FOCUS) budget within the Department’s Treatment Services Program.…

413-330-1105 Definitions As used in OAR 419-330-1100 to 419-330-1150: (1) "Approval authority" means the authority to approve and execute a contract. OAR 125- 246-0170 gives the Department of Administrative Services (DAS) approval authority for all state agency contracts. DAS has…

413-330-1110 Scope (1) The Department's prioritization of preventative and community-based services has placed an increased emphasis on providing the children and young adults and their caregivers with community based, culturally specific and individualized services in a timely m…

413-330-1115 Services The statements of work included in the FOCUS short-form contracts are written to describe the agreed- upon services to be provided and approved in advance by the ODHS Designated Procurement Officer as part of the FOCUS Short Form contract template. The Depar…

413-330-1120 Contractor Requirements and Restrictions (1) The nontraditional contractor is a contractor chosen for their unique capacity to support the child or young adult based on the specific strengths and needs of the child or young adult as identified in the strengths-and-ne…

413-330-1125 Insurance Nontraditional contractor insurance requirements. (1) Automobile Insurance (a) If a nontraditional contractor is providing a service that requires transporting the child or young adult in an automobile, ODHS Child Welfare requires the nontraditional contrac…

413-330-1130 Dispute Resolution (1) When a short-form contract is used to contract with a nontraditional contractor, the child or young adult's caseworker requests that the child or young adult and/or their guardian sign a "Dispute Resolution Agreement." The child or young adult …

413-330-1135 Fitness Determination for FOCUS Short-Form Contractors (1) FOCUS Short-Form contractors are subject to a criminal records check as described in OAR 407-007-0200 through 407-007-0370. This process is facilitated through the local Department office to which the child o…

413-330-1140 Unauthorized Services (1) The State of Oregon is not obligated to pay for services obtained before the contract has been written, approved, and signed by the contractor and a representative of the Department who has contract approval authority. (2) Only approved FOCU…

413-330-1145 Delegation of FOCUS Short-Form Contract Approval Authority (1) Authority to approve FOCUS short-form contracts has been delegated to the Department’s Designated Procurement Officer. (2) The Department’s Designated Procurement Officer may subdelegate the authority to …

413-330-1150 Responsibilities of Department Program Managers with Delegated Authority A Department Program Manager with delegated approval authority is responsible for the following duties relating to FOCUS short-form contracts. The responsibility for the duties may or may not be…

414-002-0000 Definitions The following definitions apply to OAR 414-002-0001 unless otherwise indicated: (1) “Department” or “DELC” refers to the Department of Early Learning and Care and the operating sub-units of the Department of Early Learning and Care. (2) “Person” includes …

414-002-0001 Fees for Inspection or Copies of Public Records and Department Publications; Other Services (1) The Department may charge a fee reasonably calculated to reimburse the Department for the cost of making public records available: (a) Costs include but are not limited to…

414-002-0005 Notice of Proposed Rule (1) Before permanently adopting, amending or repealing any rule, the Early Learning Council shall give notice of the proposed adoption, amendment or repeal: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days p…

414-002-0010 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Early Learning Council adopts the Attorney General's Model Rules of Procedure under the Administrative Procedure Act in effect on January 1, 2012. [ED. NOTE: The full text of the Attorney General…