Oregon Administrative Code

416-260-0040 Sources and Uses of Special Account Money (1)(a) OYA must deposit money received for a youth in custody for purposes other than paying for that youth in custody 's cost of care into the youth in custody 's special account. Sources of money include the youth in custod…

416-260-0050 Financial Accounting OYA must complete financial accountings as required for legal proceedings, audits, and when a maintenance account balance exists and the youth in custody's OYA custody has been terminated. Statutory/Other Authority: ORS 420A.025 Statutes/Other Im…

416-260-0060 Clearing a Trust Account Upon Termination of Custody (1)(a) When OYA's custody of a youth in custody is terminated, funds available in the youth in custody’s trust accounts must be disbursed and accounts closed. (b) Maintenance account money must be used to reimburse…

416-260-0070 Unclaimed Special Account Balances (1) OYA must identify special account balances which are unclaimed and abandoned two years from the date OYA's custody terminated, in accordance with the Uniform Disposition of Unclaimed Property Act. (2) OYA must diligently attempt…

416-300-0000 Purpose These rules establish procedures to conditionally release an adjudicated youth on parole into the community, or revoke an adjudicated youth's parole. Statutory/Other Authority: ORS 420A.025, 420A.105 & 420A.120 Statutes/Other Implemented: ORS 419C.481, 420.04…

416-300-0010 Definitions (1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age. (2) Field supervisor: The manager of an OYA parole/probation office. …

416-300-0015 Release Factors and Review Process (1) OYA considers the following factors when determining an adjudicated youth’s readiness for conditional release from a youth correction facility: (a) The adjudicated youth’s efforts, participation in and progress on treatment, edu…

416-300-0020 Parole (1) When it is determined by OYA that an adjudicated youth is ready for conditional release from a youth correction facility and after notifying the committing court of the intended release, the superintendent may parole the adjudicated youth. (2) Parole is fo…

416-300-0030 Recommendation for Parole Revocation (1) An adjudicated youth's JPPO may initiate parole revocation by preparing a written report that recommends that the adjudicated youth's parole be revoked. (a) The JPPO must submit the written report and recommendation to the JPP…

416-300-0040 Arrest and Detention of Parolee (1) When a paroled adjudicated youth is absent from a community placement without authorization, has failed to abide by parole conditions, or has failed to respond successfully to parole, the superintendent, or designee, may issue an o…

416-300-0050 Preliminary Parole Revocation Hearing (1) The preliminary parole revocation hearing must be conducted by a hearing officer who is a person designated by the juvenile department director or designee to conduct a preliminary parole revocation hearing for a paroled adju…

416-300-0060 Formal Parole Revocation Hearing (1) A formal parole revocation hearing must be held when a preliminary hearing officer finds that probable cause exists that an adjudicated youth has violated parole and one of the following has occurred: (a) The preliminary hearing o…

416-300-0080 Placement after Parole Revocation Parole revocation may result in an adjudicated youth’s placement in any youth correction facility. The adjudicated youth may contest the placement through the grievance process established in OAR chapter 416, division 20. Statutory/O…

416-315-0000 Purpose Oregon statute vests with the Oregon Youth Authority (OYA) the responsibility to approve youth care center (YCC) programs operated within county secure facilities, based on reasonable and satisfactory assurances that minimum standards are met. The purpose of …

416-315-0010 Program Review (1) YCC programs are designed to offer treatment and rehabilitation services to the population served. Such programs may be operated within juvenile detention facilities only when: (a) Youth enter the YCC program through a referral and screening proces…

416-315-0020 Approval Notification (1) All communication between a county and the OYA will be in writing. (2) Within 30 days following the completion of the compliance site review, the OYA will notify the county of its approval or denial of the YCC program. (a) If approved, the c…

416-315-0030 Grievance A county that disagrees with any OYA action or decision during the approval process may request a formal or informal hearing to grieve a particular OYA action. (1) To request an informal grievance, the county will inform the OYA that the YCC program wishes …

416-320-0000 Purpose These rules describe the process OYA staff will use to issue and cancel arrest orders and All Points Bulletins. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.905 - 420.915 History: OYA 7-2003, f. & cert. ef. 9-23-03 OYA 2-1995, f…

416-320-0010 Definitions (1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age. (2) All Points Bulletin (APB): A notification that OYA sends to Orego…

416-320-0020 Placement of APBs and Arrest Orders (1) OYA will issue an All Points Bulletin (APB) and arrest order when an adjudicated youth: (a) Escapes or is absent without authorization from a close-custody facility; (b) Is absent without authorization from parole supervision i…

416-320-0030 Exceptions These rules do not apply to persons placed in OYA supervision via an interstate compact, to persons placed in OYA facilities under ORS 137.124, or to persons transferred to a youth correctional facility from a county sheriff. If an APB or arrest warrant is…

416-330-0000 Purpose Adjudicated youth committed to Oregon Youth Authority (OYA) custody may be placed in substitute care as determined by OYA according to Oregon laws, and OYA policies and procedures. The purpose of these rules is to establish standards for OYA substitute care p…

416-330-0010 Definitions (1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age. (2) Adjudicated youth foster home: A home in the community that is ma…

416-330-0020 Administration (1) A person or organization must have one of the following to provide substitute care services to an adjudicated youth in OYA custody: (a) Residential treatment facility or adjudicated youth foster home: A current, valid license issued by the State of…

416-330-0030 Placement decisions (1) OYA may consider an adjudicated youth for substitute care placement when OYA determines the adjudicated youth's behavior can be managed with minimal threat of harm to self or others in an available and appropriate substitute care resource. (2)…

416-335-0000 Effective Date and Administration of the BRS Program (1) BRS Programs provided through contract with OYA must meet the requirements in the BRS Program general rules (OAR 410-170-0000 through 410-170-0120), and the additional requirements contained in these rules (OAR…

416-335-0010 Purpose The purpose of the Behavior Rehabilitation Services (BRS) Program is to remediate the BRS Client’s debilitating psychosocial, emotional and behavioral disorders by providing such Services as behavioral intervention, counseling, and skills-training. Services a…

416-335-0020 Definitions In addition to the definitions provided in OAR 410-170-0020, the following definitions apply to terms used in OAR chapter 416, division 335. (1) “Absent Day” means a calendar day that: (a) Either the BRS Client is enrolled but not physically present in th…

416-335-0030 Additional Requirements for OYA BRS Contractors and BRS Providers (1) The BRS Contractor must comply, and ensure its BRS Provider complies, with all applicable provisions in OAR 416-530-0000 through 416-530-0200, and 416-550-0000 through 416-550-0080. (2) The BRS Con…

416-335-0040 Prior Authorization for the BRS Program; Appeal Rights (1) BRS Program Eligibility: (a) OYA may provide prior authorization for the BRS Program to a person who: (A) Meets the requirements in subsections (2)(a)(A) through (D) of OAR 410-170-0040; and (B) Is in the leg…

416-335-0080 Placement Related Activities for OYA’s BRS Contractors and BRS Providers (1) In cases where OYA is the Agency, the BRS Contractor or BRS Provider must provide the following Placement Related Activities, and all facilities, personnel, materials, equipment, supplies an…

416-335-0090 Billing and Payment for Services and Placement Related Activities (1) Billable Care Days (a) The BRS Contractor is compensated for a Billable Care Day (Service and Placement Related Activities rates) on a fee-for-service basis in accordance with OAR 410-170-0110 and …

416-335-0100 Compliance Reviews and Remedies (1) The BRS Contractor must cooperate, and ensure its BRS Providers cooperate, with program compliance reviews or audits conducted by any federal or state or local governmental agency or entity related to the BRS Program, including but…

416-340-0000 Purpose This rule provides for consistent practice in the storage, control and administration of medication to youth in OYA custody in close-custody facilities or community substitute care placements. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented…

416-340-0010 Definitions (1) Controlled medication: DEA-controlled substances including medications that come under the jurisdiction of the Federal Controlled Substances Act (e.g. narcotics, amphetamines, and certain pain and sleeping medications). These medications have a high r…

416-340-0020 General Standards (1) The use of medication will be solely for the health and welfare of the individual youth in custody. (a) Whether medication is to be used or not used and under what conditions is the sole responsibility of the attending licensed prescriber. (b) P…

416-340-0030 Medication Administration Medications, including those issued over-the-counter, will be kept in a secured, locked container in a location designated as a limited access area. (1) Medication will be stored as prescribed (medication requiring refrigeration will be kept…

416-340-0040 Medication Records (1) All medications administered to youth in custody in close custody will be tracked on a Medication Administration Record (MAR). (2) All medications administered to youth in custody in substitute care placement must be tracked by substitute care …

416-340-0050 Intra-muscular (IM) Injections (1) IM injections may be administered only by a physician, nurse practitioner, Registered Nurse (RN), or Licensed Practical Nurse (LPN). (2) Except in an emergency as determined by a qualified physician, prescribed medication will not b…

416-340-0060 Psychotropic Medications (1) Psychotropic medications will be prescribed by a physician or nurse practitioner through a written order. (2) The use of medication to alter behavior, thought processes or mood will be based solely on a physician's determination that the …

416-340-0070 Medication Management in Substitute Care (1) A substitute care provider will comply with all rules in this Division unless specifically noted. (2) A substitute care provider will keep a record of the youth in custody's medical history. These records will be kept curr…

416-345-0010 Purpose These rules establish categories for youth in custody medical care and treatment in youth correction facilities through priority levels. Each priority level also has a prescribed authorization process. Statutory/Other Authority: ORS 420A.025 Statutes/Other Im…

416-345-0020 Definitions (1) Clinical review committee: A committee comprised of at least a medical practitioner and other licensed OYA health care staff convened by the OYA medical director to review requests for certain youth in custody medical treatment in OYA youth correction…

416-345-0030 Levels of Medical Care and Treatment (1) Youth in custody medical care and treatment is authorized and provided according to priorities established by the OYA medical director. Medical care and treatment is generally prioritized into four levels. (2) Level 1 – medica…

416-345-0040 Exceptions (1) Notwithstanding OAR 416-345-0030, there may be circumstances in which the level of care and treatment is unclear, or it may be inappropriate to apply any level of care and treatment to an individual patient. Any individual case, or proposed care or tre…

416-410-0000 Purpose The Oregon Youth Authority (OYA) establishes the following criteria for admission to close-custody facilities, including the designation of Public Safety Reserve (PSR) beds and county bed allocations. Statutory/Other Authority: ORS 420A.025 Statutes/Other Imp…

416-410-0010 Definitions (1) Close custody: The OYA placement designation for youth in custody who are committed to OYA legal custody or transferred to OYA physical custody, and reside in youth correction facilities. (2) Discretionary Bed Allocation (DBA): A category of beds in y…

416-410-0020 Allocation of Close-custody Beds (1) The Executive Team will determine the number of designated Public Safety Reserve (PSR) beds, ensuring that youth in custody adjudicated for committing specified crime types can be placed in close custody. (a) Youth in custody comm…

416-410-0030 Diversion Contracts (1) When the legislature appropriates funds to OYA expressly for distribution to counties in support of programs to divert youth from close custody, such funds are allocated based on each county's percentage of the state’s population of persons 17…

416-410-0050 Initial Placement in Close Custody (1) Youth in custody initially committed to OYA close custody must be oriented to OYA at a close-custody intake facility. During the first 30 days, each youth in custody must receive medical, dental, and psychological evaluations as…