Oregon Administrative Code

419-300-0090 Mandatory Reporting (1) Referral agents are mandatory reporters of child abuse pursuant to ORS 419B.005 through 419B.050. This includes abuses occurring in child-caring agencies as defined in ORS 418.205 through 418.327. (2) Mandatory Reporters are any public or priv…

419-300-0100 Prohibited Activities (1) A referral agent is prohibited from the following activities: (a) Sharing a client’s or subject of placement’s information to a program or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing…

419-300-0110 Administrative Sanctions and Civil Penalties The Department may impose an administrative sanction or a civil penalty against a referral agent for noncompliance with these rules (OAR 419-300-0000 – 419-300-0100), as follows: (1) ADMINISTRATIVE SANCTIONS: The Departmen…

419-300-0120 Notice and Hearing Rights (1) NOTICE. A notice of administrative sanction or civil penalty shall follow procedures established by ORS 183.745 Civil Penalty Procedures and will be sent by Mail. (2) RIGHT TO HEARING. If the Department proposes an administrative sanctio…

419-400-0005 Definitions Unless the context indicates otherwise, these terms are defined for use in OAR chapter 419, division 400: (1) "Academic boarding school" means an organization or a program in an organization that: (a) Provides educational services and care to children 24 …

419-400-0010 Licensing Umbrella Rules: Regulation of Child-Caring Agencies (1) The Department is required to regulate and license certain organizations and agencies that care for children. The rules in OAR chapter 419, division 400 establish the requirements of the Department for…

419-400-0020 Licensing Umbrella Rules: Requirement to Obtain and Comply with License Except for a licensee subcontractor that provides limited services under OAR 419-400-0120(6)(b): (1) A child-caring agency must have a license issued by the Department in accordance with OAR chap…

419-400-0030 Licensing Umbrella Rules: Requirements Related to Corporation Status (1) Only a corporation, or a county run program, may receive a license from the Department under these rules (OAR 419-400-0005 to 419-400-0310). A limited liability company is an unincorporated asso…

419-400-0040 Licensing Umbrella Rules: Governance (1) Governing board requirements. (a) A child-caring agency must have a governing board that has responsibility for its mission, operation, policy, finances, and practices. These responsibilities must be stated in writing. (b) The…

419-400-0050 Licensing Umbrella Rules: Financial Management (1) Budget. A child-caring agency must operate under an annual line-item budget, showing planned expenditures and sources of income, which has been approved by the governing board as the plan for management of its funds,…

419-400-0060 Licensing Umbrella Rules: Respect of Children in Care A child-caring agency must respect the race, spiritual beliefs, sexual orientation, gender identity and gender expression, disabilities, national origin, and cultural identities of a child in care, and provide opp…

419-400-0070 Licensing Umbrella Rules: Conflict of Interest (1) A child-caring agency must have a conflict of interest policy. The policy must: (a) Describe the purpose and scope of the policy and identify who the policy applies to; (b) Clearly define terms used in the policy; (c…

419-400-0090 Licensing Umbrella Rules: Children and Families Rights Policy and Grievance Procedures (1) Rights of children in care and families served by the child-caring agency. A child-caring agency must guarantee the rights of children in care and the families the child-caring…

419-400-0100 Licensing Umbrella Rules: Resources Required (1) A child-caring agency must employ or contract for a sufficient number of competent and qualified employees to perform the functions regulated by these rules and to provide adequate care, safety, protection, and supervi…

419-400-0110 Licensing Umbrella Rules: Policies and Procedures (1) For each program it is licensed to operate, a licensee must have and adhere to comprehensive written policies and procedures that are well organized, accessible, and easy to use. (2) The policies and procedures mu…

419-400-0120 Licensing Umbrella Rules: Personnel (1) Staff requirements and hiring. To ensure that the child-caring agency uses only staff and volunteers who do not jeopardize the health, safety, or welfare of children, a child-caring agency and its contractors must meet all of t…

419-400-0130 Licensing Umbrella Rules: Privacy (1) A child-caring agency must have and adhere to a written policy that addresses protection of the privacy of children and families the child-caring agency serves or has served. (2) Except as provided in section (4) of this rule, a …

419-400-0140 Licensing Umbrella Rules: Records and Documentation With respect to the records on children in care and families a child-caring agency serves and to other records maintained by a child-caring agency, the child-caring agency must meet all of the following requirements…

419-400-0145 Licensing Umbrella Rules: Installation and Use of Video Equipment Used to Monitor or Record Children in Care (1) If a child-caring agency installs video equipment to monitor or record a child in care, all employees, volunteers, parents or guardians, and children in c…

419-400-0150 Licensing Umbrella Rules: Discipline, Behavior Management & Training, and Suicide Prevention (Excluding Adoption Agencies) (1) A child-caring agency, except a child-caring agency licensed only to provide adoption services under OAR 419-420-0010 to 419-420-0160, must …

419-400-0160 Licensing Umbrella Rules: Crisis Intervention Training Standards and Certification Requirements (1) Only child-caring agency staff and proctor foster parents who have been trained and are certified in the use of a crisis-intervention system approved by the Department…

419-400-0170 Licensing Umbrella Rules: Standards For Approved Crisis Intervention Systems (1) The Department will designate no fewer than two but no more than three providers of crisis intervention training systems consistent with requirements outlined in OAR 419-400-0160 and 419…

419-400-0180 Licensing Umbrella Rules: Restraints and Involuntary Seclusion (1) A child-caring agency may only place child in care in a restraint or involuntary seclusion if the child in care’s behavior poses a reasonable risk of imminent serious bodily injury to the child in car…

419-400-0190 Licensing Umbrella Rules: Information Provided to Children in Care (1) Each child in care receiving services from a child-caring agency must be given the following: (a) Instruction regarding how a child in care may report suspected inappropriate use of restraint or i…

419-400-0200 Licensing Umbrella Rules: Safety To ensure the safety of children in care and employees, a child-caring agency must have and adhere to written policies and procedures that comply with the safety requirements in this rule. (1) Transportation. If a child-caring agency …

419-400-0210 Licensing Umbrella Rules: Application for License, Renewal, or to Add a Program (1) For purposes of this rule, "applicant" means a child-caring agency that is in the process of applying to the Department for an initial license or license renewal or to add a program t…

419-400-0220 Licensing Umbrella Rules: Issuance of License (1) If the Department determines from the application and its review that the child-caring agency is or will be in compliance with applicable rules in OAR chapter 419, division 400 and that denial is not required or appro…

419-400-0230 Licensing Umbrella Rules: Responsibilities of Licensees A licensee is responsible to do all of the following: (1) Ensure that children in care are well cared for and safe from self-harm, physical harm, and abuse from others. (2) Adhere to and comply with all policies…

419-400-0240 Licensing Umbrella Rules: Periodic Inspections (1) The Department will visit and inspect each licensee and each facility operated by the licensee as provided in this rule to determine whether the program is maintained and operated in accordance with the rules in OAR …

419-400-0250 Licensing Umbrella Rules: Investigation of Complaints (1) A child-caring agency must cooperate fully and comply with all investigations by the Department conducted pursuant to the requirements of the law. (2) The Department will immediately investigate and take appro…

419-400-0260 Licensing Umbrella Rules: Corrective Actions (1) As a result of an inspection, or at any time, the Department may require a child-caring agency to take various actions to ensure the child-caring agency is in compliance with the rules in OAR chapter 419, division 400 …

419-400-0270 Licensing Umbrella Rules: Civil Penalties (1) In addition to the actions described in OAR 419-400-0280, as provided in ORS 418.992, the Department may impose a civil penalty against a child-caring agency if the child-caring agency has committed one of the following a…

419-400-0280 Licensing Umbrella Rules: Denial, Suspension, or Revocation of License and Placing Conditions on a License (1) The Department may suspend, revoke, or place conditions on the child-caring agency's license, certificate, or other authorization in the following circumsta…

419-400-0290 Licensing Umbrella Rules: Inactive and Amended Licenses (1) Inactive license. (a) A child-caring agency is considered to have an inactive license if the child-caring agency discontinues or fails to provide a service for which the child-caring agency is licensed for a…

419-400-0300 Licensing Umbrella Rules: Exceptions (1) The Department may waive a requirement of a rule in OAR chapter 419, division 400 upon written request of a child-caring agency. The written request must identify the rule, give the reasons that justify the exception, describe…

419-400-0310 Licensing Umbrella Rules: Notifications Involving a Child-caring Agency (1) Oregon law requires the Department to make notifications involving a child-caring agency when the Department: (a) Receives a report of suspected violation; (b) Assigns a report of abuse for i…

419-410-0010 Academic Boarding Schools: What Law Applies These rules, OAR 419-410-0010 to 419-410-0150, regulate a child-caring agency licensed as an academic boarding school. An academic boarding school must also comply with OAR 419-400-0005 to 419-400-0310. Statutory/Other Auth…

419-410-0020 Academic Boarding Schools: Educational Services The educational services of an academic boarding school must comply with all of the following requirements: (1) The academic boarding school must comply with the minimum requirements for private schools as determined by…

419-410-0030 Academic Boarding Schools: Physical Plant Requirements (1) An academic boarding school may not allow children in care to have access to, or provide services regulated by these rules (OAR 419-410-0010 to 419-410-0150) in, a building unless the building has been certif…

419-410-0040 Academic Boarding Schools: Room and Space Requirements An academic boarding school must meet all of the following room and space requirements: (1) All parts of the facility must ensure the safety of the children in care. (2) Living area. A separate living room or lou…

419-410-0050 Academic Boarding Schools: Furnishings and Personal Items for Children in Care An academic boarding school must meet all of the following requirements: (1) Furniture. Adequate furnishings must be provided for each child in care including, but not limited to: (a) A be…

419-410-0060 Academic Boarding Schools: New Facility or Remodel An academic boarding school must meet all of the following requirements: (1) Building Plans. (a) An academic boarding school must submit to the Department for approval a set of plans and specifications for each build…

419-410-0070 Academic Boarding Schools: Environmental Health An academic boarding school must meet all of the following requirements: (1) The program of the academic boarding school must maintain an environment that ensures safety for program staff and children in care. (2) Envir…

419-410-0080 Academic Boarding Schools: Food Services An academic boarding school must meet all of the following requirements with regard to food services: (1) Nutrition and dietary requirements. (a) An academic boarding school must arrange meals daily, consistent with normal mea…

419-410-0090 Academic Boarding Schools: Safety An academic boarding school must meet all of the following requirements related to safety: (1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Mars…

419-410-0100 Academic Boarding Schools: Health Services (1) An academic boarding school must obtain all private health record information referred to in this rule in a manner that complies with federal and state law. (2) Medical History. Within 30 days of a child in care starting…

419-410-0110 Academic Boarding Schools: Medication An academic boarding school must meet all of the following requirements: (1) Policy and procedures. The academic boarding school must have and adhere to policies and procedures that cover all prescription and non-prescription med…

419-410-0120 Academic Boarding Schools: Minimum Staffing Requirements (1) The academic boarding school must provide adequate supervision and protection for children. The supervision must be adequate for the type of program, location of program, the time of day or night, the age a…

419-410-0130 Academic Boarding Schools: Separation of Children An academic boarding school must meet all of the following requirements: (1) Combining children and adults. Special care must be taken by an academic boarding school to provide adequate supervision of children in care…

419-410-0140 Academic Boarding Schools: Consents, Disclosures, and Authorizations (1) Consents. For each child in care of an academic boarding school, the academic boarding school must ensure that a parent or legal guardian signs a consent that authorizes the academic boarding sc…