Oregon Administrative Code

416-105-0000 Definitions (1) Authorized representative: Attorneys, law students, special investigators, and other persons who have legitimate connection with the legal issue being pursued. (2) Youth in Custody: A person in the legal and physical custody of OYA either in a youth c…

416-105-0010 Disclosure of Youth in Custody Case Record Information (1) Requests for case record information must be processed in compliance with OAR chapter 416, division 130. (2) OYA will disclose information contained in Youth in Custody case records in compliance with applica…

416-105-0030 Use of Case Record Information by OYA and Other Service Agencies (1) Unless otherwise prohibited by laws, rules, or the courts, OYA may disclose information to administer programs and provide services to Youth in Custody. Social service agencies, courts, foster paren…

416-105-0040 Other Access Other types of access to Youth in Custody case record information include, but are not limited to: (1) Judicial proceedings (a) Information from confidential records must not be disclosed in any judicial proceedings unless it is directly connected with t…

416-106-0010 Purpose The Oregon Youth Authority (OYA) values treating victims of crime with dignity and respect, and keeping them informed as prescribed by law. These rules delineate when OYA may disclose certain information about adjudicated youth to victims of crime. Statutory/…

416-106-0020 Definitions (1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under 419C.005 for an act committed when the person was under 18 years of age. (2) Crime: The act that has brought the adjudicated youth before the juve…

416-106-0030 Victim notification upon an adjudicated youth's commitment to OYA OYA must notify a victim upon an adjudicated youth’s commitment to OYA of the following: (1) How the victim may request the progress, on a prescribed metrics scale, that the adjudicated youth has made …

416-106-0040 Adjudicated youth information disclosable to victims (1) OYA may share with a victim an adjudicated youth’s progress while in a youth correction facility in any of these instances: (a) At the victim’s request; (b) When OYA seeks information from the victim regarding …

416-115-0010 Definitions (1) Absconder: A juvenile on probation or parole who hides, conceals, or absents so that they are unavailable for the legal process or authorized control. (2) Accused Delinquent: A person charged with an offense, if committed by an adult would be a crimin…

416-115-0020 Eligibility for Services through the Interstate Compact for Juveniles (1) Juveniles under juvenile jurisdiction in the Sending State of any state that is a party to the ICJ are eligible for services pursuant to the provisions of the ICJ. (2) All Runaways, Absconders,…

416-115-0025 Standards for Juvenile Interstate Transfer of Supervision The Oregon Youth Authority adopts by this reference standards for the interstate transfer of adjudicated youth supervision and services set in the official ICJ rules, published by the Interstate Commission for…

416-115-0030 Administration of the Interstate Compact for Juveniles The Oregon Youth Authority (OYA) Deputy Juvenile Compact Administrator will provide interpretation of the ICJ and coordination of all referrals or requests to: (1) Permit out-of-state supervision of a juvenile wh…

416-130-0000 Definitions (1) Person: Any natural person, corporation, partnership, firm, or association. (2) Public Record: Any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by a public body regardless of physica…

416-130-0010 Access and Response OYA complies with all federal and state laws and rules concerning disclosure of public records. (1) OYA must respond to written requests to view or obtain copies of public records as soon as possible and without unreasonable delay. The response wi…

416-130-0050 Public Record Inspection and Copying Procedures (1) Public record inspection by a requester (a) Prior to allowing inspection of a public record, OYA staff must review the record and separate any material which is exempt from disclosure from non-exempt material, or re…

416-130-0060 Charges (1) OYA may charge a requester for the cost of making the record available to the requester. Charges for record review and copying are limited to the actual cost of making the record available. (2) "Actual cost" may include a charge for the time spent in loca…

416-150-0000 Purpose (1) These rules establish guidelines to ensure the rights of youth in custody are maintained when persons seek to interview youth in OYA custody. (2) These rules apply to all youth who are committed to the legal or physical custody of the OYA, and placed in O…

416-150-0010 Law Enforcement Interrogation or Polygraph When a law enforcement agency (LEA) asks to interrogate or conduct a polygraph examination of a youth in custody suspected of violating the law or having knowledge of a law violation, OYA staff will do the following: (1) Obt…

416-150-0020 Attorney Interview (1) When an attorney asks to interview a youth in custody, the following provisions must apply: (a) The attorney of record representing the youth in custody may interview the youth in custody privately. If the attorney, or the youth in custody requ…

416-150-0040 Other Interviews (1) Other persons may request to interview a youth in custody relating to benefits for the youth in custody (e.g., Social Security, Veterans’ Administration, Department of Revenue), or to seek information in support of pending litigation or other mat…

416-150-0050 Recording Interviews If the interviewer requests to make a mechanical or electronic recording of the interview, OYA staff will ensure the following events occur: (1) The youth in custody is informed about the type of recording to be made and its purpose, including ho…

416-170-0000 Purpose and Scope (1) The purpose of these rules is to establish a uniform process for review and approval or denial of research project proposals to be conducted within the Oregon Youth Authority (OYA). (2) These rules apply to all youth in OYA physical or legal cus…

416-170-0005 Definitions (1) OYA Executive Team: An executive group that provides oversight to OYA operations. (2) OYA: Oregon Youth Authority (3) OYA Research Committee (ORC): OYA committee comprised of OYA staff and external partners, overseen by the OYA Research Manager. (4) Y…

416-170-0010 General Standards (1) No research may be conducted without OYA approval in the manner prescribed in these rules, and related OYA policy and procedures. (a) Oregon Department of Corrections (DOC) approval is required for any research involving youth in custody in the …

416-170-0020 Project Review (1) The OYA Research Committee (ORC) will review all research project proposals prior to implementation. Following such review, the ORC will submit a recommendation to the OYA research manager for approval or denial of the project. The decision of the …

416-170-0030 OYA Research Committee (ORC) The ORC will: (1) Develop procedures to ensure that proposals are reviewed in a timely manner; (2) Represent the agency's facilities, programs, stakeholders, and youth in custody, and include persons with the technical knowledge and abili…

416-180-0000 Purpose The purpose of these rules is to establish how the Juvenile Justice Information System (JJIS) is developed and maintained by the state through the Oregon Youth Authority (OYA), and administered in partnership with county juvenile departments. Statutory/Other …

416-180-0005 Definitions (1) External partner: A public or private agency (other than an internal partner) that works with youth or adjudicated youth served by the county juvenile departments and the Oregon Youth Authority, and has been authorized to have JJIS access. (2) Interna…

416-180-0010 Vision The JJIS vision is to promote public safety and youth accountability and to offer opportunities for reformation to youth, through a statewide juvenile justice information system that: (1) Provides a comprehensive view of information about youth and adjudicated…

416-180-0020 Steering Committee JJIS is administered by OYA in partnership with county juvenile departments through a JJIS Steering Committee. (1) The JJIS Steering Committee sets the JJIS vision and goals. The Steering Committee's responsibilities include, but are not limited to…

416-180-0030 Intergovernmental Agreements (1) Intergovernmental agreements must be maintained between internal partners that outline the division of state and county roles and costs. (2) Intergovernmental agreements may be written to describe the roles of external partners, as de…

416-180-0040 JJIS Policy and Procedure Development (1) JJIS policy and procedures are developed and approved through the Steering Committee. Final JJIS policies and procedures must be retained and available electronically. (2) Each participating state and county agency must ensur…

416-180-0050 Information Security (1) JJIS must comply with all federal, state, and local laws regarding public information and confidentiality, and information technology standards set by the Oregon Legislature, the Department of Administrative Services, and the Criminal Justice…

416-250-0000 Purpose and Scope (1) These rules establish an OYA procedure for audits of any service provider agreeing to offer services through direct contract with the OYA, and the provider’s subcontractors and vendors. These rules also establish basic record keeping standards f…

416-250-0010 Definitions (1) Audit: The examination of documents, records, reports, systems of internal control, accounting and financial procedures, and other evidence for one or more of the following purposes: (a) To ascertain whether the financial statements present fairly the…

416-250-0020 Revenue (1) A service provider will maintain a revenue account for each income source which results from the operation of the service or is used to support the service. For example, separate revenue accounts will be established for each program for which the provider…

416-250-0030 Expenses (1) A service provider subject to audit under these rules will keep its accounting records consistent with Generally Accepted Accounting Principles. Accounting records will be retained for three years from the date of the expiration of the OYA's agreement or…

416-250-0040 Audit Process and Reports (1) Any person, organization, or agency, including OYA, may request an audit of a service provider by submitting an audit request in writing to the OYA Director’s Office. The request will clearly identify the service provider to be audited, …

416-250-0050 Disposition of Audit Findings (1) To the extent an audit documents non-allowable expenditures in non-capitated programs, the OYA will recover such funds. (2) To the extent an audit report evidences non-compliance with applicable program and/or licensing rules, the au…

416-250-0060 Provider Appeals (1) A provider may appeal certain decisions affecting the provider by making a written request to the OYA Director’s Office. The request must state whether the provider wants an administrative review, and/or a contested case hearing, as outlined in t…

416-250-0070 Basic Accounting Records (1) A service provider subject to audit under these rules will maintain a chart of accounts that defines all items included in determining the cost for each program. The chart of accounts will list all revenues and expense accounts. (2) The o…

416-250-0080 Internal Controls Establishing and maintaining an internal control structure is the responsibility of the service provider. Effective internal controls are considered essential to achieving the proper conduct of business with full accountability for the resources mad…

416-250-0090 Independent Audit Reports The OYA may, at its discretion, accept an independent audit, in lieu of an OYA audit, if it determines the work papers and procedures of the independent auditor meet Government Auditing Standards (where applicable), Generally Accepted Auditi…

416-255-0010 Purpose The rules in OAR chapter 416 division 255 provide guidelines for the Oregon Youth Authority in providing reentry support and services for DOC youth in custody who are released from a youth correction facility. Reentry support and services may include, but are…

416-255-0020 Definitions (1) DOC youth in custody: A person in the legal custody of the Department of Corrections (DOC) and the physical custody of OYA. (2) OYA: Oregon Youth Authority. (3) Reentry support and services: Has the meaning given that term in ORS 423.110. (4) Youth co…

416-255-0030 Reentry support and services (1) OYA may provide reentry support and services approved by a DOC youth in custody’s supervisory authority to the DOC youth in custody while the DOC youth in custody is on any form of transitional leave, work release or program of condit…

416-260-0010 Purpose (1) These rules describe how OYA establishes and maintains Youth Welfare Accounts and trust accounts for youth in its custody. (2) Definitions: (a) Care: Services provided to meet the needs of a youth in custody (i.e., food, shelter, clothing, medical care, s…

416-260-0015 Youth Welfare Accounts (1) OYA has established Youth Welfare Accounts for each OYA close-custody facility to provide funds to benefit the close-custody youth in custody population and enhance youth in custody activities and programs. (2) Revenue from youth in custody…

416-260-0020 Establishing Youth in Custody Trust Accounts OYA must establish a trust account for a youth in custody when placed in OYA's legal or physical custody. This account must include both a maintenance and a special account in which all revenue received on a youth in custo…

416-260-0030 Sources and Uses of Maintenance Account Money (1) OYA must deposit all money received for the purpose of caring for a youth in custody in OYA's legal or physical custody, and interest earned thereon, into the youth in custody 's maintenance account. The maintenance a…