Oregon Administrative Code

416-480-0030 Religious Volunteers Persons in the community who represent a particular faith or belief may be used to provide services within OYA facilities only when prior authorized by OYA. Such authorization includes, but is not limited to: (1) Completion of the OYA volunteer a…

416-480-0040 Youth in Custody Requests (1) A youth in custody desiring to participate in a religious activity that is not currently available within the facility may request to do so by submitting to the Religious Program Coordinator a completed request with the following informa…

416-480-0050 Religious Designation (1) Upon intake, a youth in custody may designate any or no religious orientation as a preference. (2) After this initial declaration of faith, a youth in custody may officially record a change of faith only one time in any subsequent four month…

416-480-0060 Activity Areas (1) Each OYA facility will designate an area(s) appropriate for the conduct of approved religious activities. (2) All areas are subject to search in accordance with OYA rule, policy, and procedure, and in a manner that reflects an awareness of and sens…

416-480-0070 Religious Items Items required for the conduct of a religious activity may be purchased and supplied by the OYA, or donated by a religious representative, religious volunteer, or other approved source at the discretion of the OYA. (1) All items utilized in religious …

416-480-0080 Decision Appeal (1) The Religious Program Coordinator will send a written decision to the youth in custody. A copy will be sent to the facility Superintendent/Camp Director. (2) A youth in custody may appeal a decision by submitting a letter to the facility Superinte…

416-490-0000 Purpose (1) The purpose of these rules is to provide guidance and direction on the use of Time-out, Room-lock Other, Isolation, Safety Programs, Physical Intervention, and restraint by OYA staff in the performance of their duties. These rules are written to minimize …

416-490-0010 Definitions (1) Case Plan: A case plan is a formal plan with prescribed Interventions and documentation requirements and is a tool to assist staff in managing cases, setting goals and reviewing YICs' Interventions and progress. A case plan constitutes and fulfills th…

416-490-0021 General Provisions (1) Staff Intervention on a YIC’s negative behavior is designed to alter the YIC’s environment to allow the YIC to regain self-control and develop skills to change the YIC’s behavior. The type of Intervention used must directly correlate to the beh…

416-490-0025 Room-lock Other (1) The purpose of a Room-lock Other Intervention is to place a YIC alone in a room with a locked door for a sleep program, medical separation, or the YIC has requested Time-out in a closed or locked room. (2) A YIC may only participate in a sleep pro…

416-490-0031 Time-Out (1) The purpose of a Time-out Intervention is to temporarily separate a YIC from the YIC’s peers due to the YIC’s emotional dysregulation until the YIC is emotionally regulated. The YIC must return to regular activities once the YIC is emotionally regulated.…

416-490-0032 Isolation (1) The purpose of an Isolation Intervention is to remove a YIC from the facility’s general population to give the YIC an opportunity to self-regulate behavior, and return to the general population as soon as possible. (a) Isolation must occur in a locked, …

416-490-0033 Safety Programs (1) The purpose of a Safety Program Intervention is to manage a YIC’s behavior when other Interventions have been exhausted and ineffective in managing the YIC’s behavior within the facility’s general population. A Safety Program Intervention may use …

416-490-0034 Physical Intervention Staff will use the least restrictive Physical Intervention with a YIC to obtain the desired behavior change. (1) The following types of Physical Intervention are prohibited: (a) The use of Interventions as coercion, punishment, or retaliation; a…

416-490-0035 Restraint (1) OYA staff must not use the following on any YIC: (a) The placement of a YIC in a prone position with arm(s) and leg(s) restrained behind the back ("hogtie" position); (b) Restraint positions or techniques that are designed to inflict physical pain, undu…

416-490-0050 Reviews (1) Preliminary Review: (a) All use of Physical Intervention and restraint incidents require a preliminary review within 48 hours, excluding weekends and holidays by a facility manager. (b) A preliminary review requires the accumulation of all relevant inform…

416-500-0000 Purpose (1) Recreational activities provide adjudicated youth with opportunities to practice social skills; alleviate idleness and boredom; provide positive reinforcement; develop the concepts of cooperation and sportsmanship; and improve self-esteem, health, and phy…

416-500-0010 Definitions (1) Recreation: Any play or leisure activity in which adjudicated youth participate, either structured or unstructured. Recreation activities are intended to refresh, offer sport or a pastime. Recreation is all those things that a person or group chooses …

416-500-0020 General Standards (1) Court order establishes OYA’s authority as legal custodian or guardian of adjudicated youth committed to the legal custody of OYA and placed on parole or probation status in substitute care placements, making OYA responsible for their general ca…

416-500-0030 Activity Planning (1) Substitute care providers will plan, organize and supervise a variety of activities, in accordance with DHS licensing standards, and/or the provisions of contracts or other written agreements. (2) The planned activity will be consistent with the…

416-500-0040 Risk Assessment (1) All activities involve some level of risk. Prior to participation in recreational activities, OYA staff and the substitute care provider will engage in a process to assess the risk of the activity, introduce measures to control those risks, and in…

416-500-0050 Restrictions (1) Persons who transport adjudicated youth must: (a) Have a valid driver's license and insurance; (b) Comply with the provisions of state law, including the use of seatbelts; and (c) Be authorized by OYA to provide the transportation. (2) Persons who op…

416-530-0000 Purpose (1) OYA seeks to ensure community safety, adjudicated youth accountability and adjudicated youth reformation by providing adjudicated youth foster care as an integral part of its continuum of services. OYA provides foster care for adjudicated youth who are 12…

416-530-0010 Definitions The following definitions apply to terms used in OAR chapter 416, division 530. (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 yea…

416-530-0020 Certification Process (1) OYA seeks to recruit individuals who meet or exceed the qualifications described in these rules to provide foster care services to adjudicated youth. OYA further seeks to retain qualified foster parents who continue to provide an important c…

416-530-0030 Application Process Applicants for initial certification must: (1) Complete and submit all forms required by OYA; (2) Participate in home studies as required by OYA; and (3) Provide all information required by OYA to verify compliance with these rules, including, but…

416-530-0035 Application Process for Re-certification A foster parent applying for re-certification must: (1) Complete and submit all forms required by OYA; (2) Provide information as requested by OYA to verify compliance with these rules; (3) Participate in home studies as requi…

416-530-0040 Foster Parent Qualifications Applicants must: (1) Be at least 21 years of age; (2) Meet the qualifications and standards described in these rules and OAR chapter 416, division 800; (3) Certify in writing that the applicant meets the qualifications and standards descr…

416-530-0050 Certification (1) The selection of individuals to provide foster care services to adjudicated youth is based on a number of criteria, not the least of which is the criminal records check on each foster parent, foster parent applicant, and member of the household. (a)…

416-530-0060 Foster Parent Duties and Responsibilities (1) Governance (a) Foster parents must comply with the standards of these rules and OYA procedures, including rules applicable to applicants. (b) Foster parents must abide by the responsibilities described in the OYA Adjudica…

416-530-0070 Standards for the Foster Home (1) General. (a) Schools, recreation, religious activities, medical care, and cultural activities must be accessible to adjudicated youth in the foster home. (b) If care is to be provided to one or more developmentally disabled or physic…

416-530-0080 Exceptions (1) Any exceptions to OAR 416-530-0000 through 416-530-0090 must be reviewed and approved or denied by the OYA Community Services assistant director. (a) A Certifier must submit a written exception request, state the need for the exception, and sign the re…

416-530-0090 Denial, Suspension, and Revocation of Adjudicated Youth Foster Home Certification or Re-Certification; Inactive Referral Status (1) Denial. (a) OYA may deny an application for an adjudicated youth foster home certification or re-certification if an applicant or foste…

416-530-0100 Certification Standards for Private Child-caring Agencies: Purpose These rules set forth standards specific to OYA's relationship with Private Child-caring Agencies that contract with OYA and offer residential care programs in a foster home model, hereafter called "a…

416-530-0110 Certification Standards for Private Child-caring Agencies: Definitions (1) Adjudicated youth proctor home: A home in the community that is maintained and lived in by a proctor parent who provides care, supervision, food, and lodging on a 24-hour basis for an adjudica…

416-530-0125 Certification Standards for Private Child-caring Agencies: Certificate of Approval (1) Proctor parents are recruited, trained, paid, and supported by a Private Child-caring Agency and monitored by a Private Child-caring Agency's professional staff. Proctor parents ar…

416-530-0130 Certification Standards for Private Child-caring Agencies: General Provisions for Proctor Parents (1) The Private Child-caring Agency must ensure that its proctor parents meet the standards set out in these rules and OAR chapter 416, division 800. (2) The Private Chi…

416-530-0140 Certification Standards for Private Child-caring Agencies: Adjudicated Youth Proctor Home Requirements (1) The Private Child-caring Agency must ensure that its adjudicated youth proctor homes meet the standards of OAR chapter 416, divisions 335, 500, 530 and 800. (2)…

416-530-0150 Certification Standards for Private Child-caring Agencies: Combination of Care (1) Except as provided in section (2) below, the Private Child-caring Agency or its adjudicated youth proctor homes must not care for individuals on a commercial basis, or accept any perso…

416-530-0160 Certification Standards for Private Child-caring Agencies: Enforcement In order for OYA to monitor for continued compliance with these standards, the Private Child-caring Agency must ensure that OYA has the right of entry, privilege of inspection, and access to staff…

416-530-0170 Certification Standards for Private Child-caring Agencies: Exceptions (1) Any exceptions to OAR 416-530-0100 through 416-530-0170 must be reviewed and approved or denied by the OYA Community Services assistant director. (2) A Certifier must submit a written exception…

416-530-0200 Certification Standards for Transitional Care (1) This rule establishes standards for foster parents who offer specific independent living and transitional services for adjudicated youth 16 through 24 years of age. (2) Unless otherwise specified in this rule, the pro…

416-550-0000 Purpose Treatment foster care is a program for adjudicated youth and their families whose out-of-home treatment needs can be met through services delivered by treatment foster parents, or professional staff trained, supervised and supported by an agency. These rules …

416-550-0010 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) Aftercare: The plan which outlines the services and resources tha…

416-550-0020 Overview Adjudicated youth appropriate for treatment foster care have serious emotional or behavioral disorders. The level of supervisory treatment and family intervention needs of these adjudicated youth is comparable to those served in residential treatment facilit…

416-550-0030 Treatment Foster Care Program A treatment foster care program must be a separately identifiable unit of a larger agency or be an independent agency itself: (1) Eligibility: (a) The program must meet standards as defined in OAR chapter 416, division 530 to be eligible…

416-550-0040 Treatment Foster Parents Treatment foster parents serve as in-home treatment agents implementing strategies specified in an adjudicated youth's treatment plan including support of the adjudicated youth's family relationships: (1) Qualifications and Selection: (a) Tre…

416-550-0050 Adjudicated Youth and Their Families Placement and Support: (1) Matching. Placement of an adjudicated youth will be made only after careful consideration of how well the prospective treatment foster parent will meet the adjudicated youth's needs and preferences and w…

416-550-0060 Treatment (1) Initial Treatment Plan. An initial written treatment plan will be completed by the time of the adjudicated youth's admission to the program. The plan will describe specific tasks to be carried out by the treatment team during the first 45 days of placem…

416-550-0070 Program Statement All treatment foster care programs will have a written program statement which describes its mission, organizational structure, services, policies, record-keeping and evaluation procedures. The program statement will describe: (1) The treatment fost…