OAR Chapter 423 — Oregon Department of Education, Youth Development Division

Division 1 PROCEDURAL RULES AND AGENCY DEFINITIONS

Or. Admin. R. 423-001-0007 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l), or (o)–(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or non-discoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties' agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an "agreement to mediate." [Form not included. See ED. NOTE.]

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties in the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Director or Deputy Director or other appropriate persons determine that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 30.402 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use of disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: 36.224, 36.228, 36.230 & 36.232
OCCF 1-2002, f. & cert. ef. 1-14-02

Division 100 Model Rules Procedure

Or. Admin. R. 423-100-0001 Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the State Board of Education adopts the Attorney General's Model Rules of Procedure under the Administrative Porcedure Act in effect on May 1, 2018.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183.341
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Division 110 Community Investment

Or. Admin. R. 423-110-0001 Notice of Proposed Rulemaking

(1) Before permanently adopting, amending, or repealing any rule under OAR 423-110-0001 to 423-110-0050, the Youth Development 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 before the effective date of the proposed rulemaking;

(b) By mailing or e-mailing, at least 28 days before the effective date of the proposed rulemaking, a copy of the notice to:

(A) All boards of county commissioners;

(B) All tribal councils; and

(C) All persons who request in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335;

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335 at least 49 days before the effective date of the proposed rulemaking; and

(d) By mailing or e-mailing a copy of the notice to persons identified by the council.

(2) The council may annually update the council's list of persons to whom the council must mail or e-mail notice pursuant to ORS 183.335 by requesting persons to confirm that they want to remain on the list. If a person does not respond to a request for confirmation within 28 days of the date the council sends the request, the council will remove the person from the list. Any person removed from the list will be returned to the list upon request, provided that the person requests in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Or. Admin. R. 423-110-0010 Definitions

For purposes of OAR 423-010-0001 to 423-010-0050

(1) "At risk" refers to youth, individually or in aggregate, that has one or more predictive factors, and for which existent evidence indicates a likelihood of experiencing negative life outcomes.

(2) "Community investment" means an investment made in accordance with a funding model that:

(a) Supports community-based interventions focused on serving youth who are the most in need; and

(b) Is designed to achieve goals associated with education and career advancement, crime prevention, and removing barriers to school and work success.

(3) "Eligible applicant" means a person identified as being eligible to receive a grant under OAR 423-010-0020

(4) "Existent evidence" means the available body of peer reviewed research indicating whether a proposition is likely to be valid and reliable.

(5) "Grant agreement" means an agreement between a grantee and the State of Oregon, acting by and through the Oregon Department of Education, the Youth Development Council, and the Youth Development Division, that:

(a) Details the responsibilities of the parties to the agreement with respect to the council's mandate, mission, and commitment to equity; and

(b) Upon execution, makes the grantee eligible for reimbursement of funds as specified in the agreement.

(6) "Grantee" means a party or potential party to a grant agreement that is eligible for reimbursement of funds as specified in the agreement.

(7) "Mutual benefit corporation" means a nonprofit corporation that is charted by government and that has a mandate to serve the mutual benefit of its members.

(8) "Nonprofit organization" means an organization:

(a) Established as a nonprofit organization under the laws of this state; and

(b) That qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code, as described in ORS 314.011.

(9) "Predictive factor" means an explanatory variable, element, condition, or feature that correlates with an increased likelihood of experiencing an outcome.

(10) "Public benefit company" means a corporation or limited liability company that considers its impact on society and the environment as part of its business decision-making process, in addition to earning a profit.

(11) "Reimbursement claim" means a claim submitted by a grantee to the division for payment of expenditures made pursuant to a grant awarded under OAR 423-010-0025.

(12) "Tribal council" means the governing body of a tribe.

(13) "Tribe" means a federally recognized Indian tribe in Oregon.

(14) "Youth" means an individual who is school-aged to 24 years of age.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 1-2018, adopt filed 11/05/2018, effective 11/05/2018

Or. Admin. R. 423-110-0015 Program Purposes; Community Investments

(1) The purposes OAR 423-110-0001 to 423-110-0050 are to make community investments that are used to:

(a) Establish or support programs for, and provide services to, youth who are at risk; and

(b) Support community efforts in a manner that embraces community decision making and collective partnerships when solving social issues.

(2) To fulfill the purposes described in subsection (1) of this rule, the Youth Development Division shall:

(a) Make community investments by issuing grants as described in OAR 423-110-0025;

(b) Make community investments by distributing funds that become available to the division for purposes other than issuing grants as described in OAR 423-110-0025, in a form and manner prescribed by the commission or, if there is a need for the timely distribution of funds, as otherwise determined by the division.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Or. Admin. R. 423-110-0020 Eligibility

(1) The following are eligible to receive a grant under OAR 423-110-0025 or a distribution under OAR 423-110-0015 (2)(b):

(a) The nine federally recognized tribes in this state;

(b) Nonprofit organizations providing services in this state to youth who are at risk

(d) Public benefit companies conducting business in this state and providing services in this state to youth who are at risk;

(e) Mutual benefit corporations conducting business in this state and providing services in this state to youth who are at risk;

(f) Counties, cities, and county and city governmental entities in this state; and

(g) Any other local government in this state, organization providing services in this state to youth who are at risk, or company or corporation conducting business in this state that provides services in this state to youth who are at risk, as identified by the Youth Development Council.

(2) The following are not eligible to receive a grant under OAR 413-100-EEEE or a distribution under OAR 423- 110-0015 (2)(b):

(a) An entity or person that does not provide services in this state to youth who are at risk;

(b) An entity or person that the Youth Development Division determines has engaged in, or is engaging in, an activity described in OAR 423-110-0040.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Or. Admin. R. 423-110-0025 Competitive Grants

(1) The Youth Development Division shall establish a process by which the division may issue grants for the purpose of making community investments. The process must be approved by the Youth Development Council.

(2) The council must reapprove the process not less than once each biennium, or as otherwise determined by the council to be necessary.

(3) The division shall notify eligible applicants of:

(a) The process;

(b) Submission deadlines and other important dates; and

(4) The division shall make available to eligible applicants:

(a) Application forms;

(b) All other materials necessary to apply for a grant; and

(c) Any guidelines for applying for a grant that the division determines is necessary to properly inform eligible applicants how to properly apply for a grant.

(5) Each application submitted under this rule must include:

(a) A proposal for expending grant moneys, including a description of all activities to be funded with grant moneys and the expected outcomes associated with the performance of those activities; and

(b) Other information as required by the division.

(6) After submitting an application, each eligible applicant shall submit, in a form and manner prescribed by the division, a project budget that provides an accounting of grant moneys and how those grant moneys will be spent. The accounting may not provide an accounting of funds that are not grant moneys awarded pursuant to this rule.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Or. Admin. R. 423-110-0030 Notice and Appeal

(1) Prior to awarding a grant under OAR 423-110-0025, the Youth Development Division shall send written notification of the initial determination of the distribution to any applicant that applied for the grant.

(2) If the applicant will receive a grant under OAR 423-110-0025 the written notification must take the form of a letter of intent to award. A letter of intent to award does not guarantee that the applicant will receive the grant. Receipt of a grant is contingent on satisfying any requirement imposed by or necessary to enter into a grant agreement.

(3) The division shall establish an appeals process by which an eligible applicant may appeal a decision to award a grant under OAR 423-110-0025. The process must be approved by the council.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Or. Admin. R. 423-110-0035 Grant Agreements

Prior to distributing funds under OAR 423-110-0001 to 423-110-0050, the Youth Development Division shall enter into a grant agreement with the person or entity who is to receive the funds. At a minimum, the grant agreement shall establish the following:

(1) That funds will be rewarded in the form of reimbursements;

(2) Any condition for receiving funds that is necessary to ensure that the funds will be used for the purposes described in OAR 423-110-0015

(3) Requirements related to the keeping of records;

(4) Requirements related to reporting on the use of the funds;

(5) Requirements related to reporting on activities, actions, programming, and outcomes of the grantee or any party that the grantee is acting on behalf of; and

(6) Any other matter that the Youth Development Council requires to be included in a grant agreement

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Or. Admin. R. 423-110-0040 Site Visits

If practicable, the division shall make a reasonable effort to visit a site where activities funded by community investments are conducted at least once a biennium

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Or. Admin. R. 423-110-0045 Prohibitions

An entity or person to which the Youth Development Division distributes funds under OAR 423-110-0001 to 423-110-0050 may not expend the funds on any of the following:

(1) Any activity or use prohibited by state law or rule or local ordinance;

(2) If the funds are federal funds, any activity or use prohibited by federal law or regulation;

(3) Campaigning for office or campaigning on behalf of a person who is running for office or who is currently in office;

(4) Religious instruction or recruitment;

(5) Any activity or use that falls outside of the scope of work described within any grant agreement pursuant to which the funds were distributed.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Or. Admin. R. 423-110-0050 Prioritizing Grants and Distributions

In awarding grants under OAR 423-110-0025 or making distributions under OAR 423-110-0015 (2)(b), the Youth Development Division may prioritize eligible applicants in consideration of the following:

(1) Whether eligible applicants have documented evidence of serving underserved, underrepresented, and marginalized youth;

(2) For the purpose of ensuring the geographic diversity of grantees and other recipients of funds, the geographic location of eligible applicants;

(3) Whether funds are used in a culturally competent and gender-specific manner that reflects the population, needs, and resources of the identified community;

(4) If the eligible applicant previously received a grant under OAR 423-110-0025 or a distribution under OAR 423-110-0015 (2)(b), or is the affiliate of any entity or person that previously received a grant under OAR 423- 110-0025 or a distribution under OAR 423-110-0015 (2)(b), the findings of any site visit conducted pursuant to OAR 423-110-0040; and

(5) Any other criteria that the division determines furthers its mandate, mission, and commitment to equity.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018

Division 120 Juvenile Crime Prevention

Or. Admin. R. 423-120-0001 Notice of Proposed Rulemaking

(1) Before permanently adopting, amending, or repealing any rule under OAR 423-120-0001 to 423-120-0040 the Youth Development 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 before the effective date of the proposed rulemaking;

(b) By mailing or e-mailing, at least 28 days before the effective date of the proposed rulemaking, a copy of the notice to:

(A) All boards of county commissioners and agencies or organizations designated by boards of county commissioners to facilitate the provision of juvenile crime prevention services as described in OAR 423-120- 0015;

(B) All tribal councils and agencies or organizations designated by tribal councils to facilitate the provision of juvenile crime prevention services as described in OAR 423-120-0015;

(C) All persons who request in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335;

(D) The Oregon Youth Authority, Department of Human Services, Criminal Justice Commission, Department of Corrections, and Oregon State Police;

(E) The Legislative Commission on Indian Services; and

(F) All members of the Oregon Juvenile Department Directors Association;

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335 at least 49 days before the effective date of the proposed rulemaking; and

(d) By mailing or e-mailing a copy of the notice to persons identified by the council.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018

Or. Admin. R. 423-120-0010 Definitions

(1)(a) “Board of county commissioners” means the governing body, as defined in ORS 203.030, of a county.

(b) “Board of county commissioners” includes a county court as described in ORS 203.111.

(2) “Budget” means a budget developed as part of a juvenile crime prevention plan pursuant to OAR 423-120-0020.

(3) “Intergovernmental agreement” means an intergovernmental agreement entered into between the Youth Development Division and a county or tribe pursuant to OAR 423-120-0020.

(4) “Juvenile crime prevention funds” means state moneys distributed by the division to a county or tribe for the purpose of funding entities and programs that provide juvenile crime prevention services pursuant to OAR 423-120-0015.

(5) “Juvenile crime prevention plan” means a juvenile crime prevention plan developed under OAR 423-120-0015 for approval by the Youth Development Council.

(6) “Juvenile crime prevention service” means a service provided to youth who:

(a) Are at high risk of committing a juvenile crime;

(b) Exhibit or are subject to more than one of the following:

(A) Anti-social behavior;

(B) Poor family functioning or poor family support;

(D) Substance abuse; or

(E) Negative peer association; and

(c) Demonstrate at-risk behaviors that will result in the youth's imminent or increased involvement in the juvenile justice system.

(7) “Tribe” means a federally recognized Indian tribe in Oregon.

(8) “Tribal council” means the governing body of a tribe.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018

Or. Admin. R. 423-120-0015 Juvenile Crime Prevention Program

(1)(a) The Youth Development Division shall:

(A) Distribute funds to counties and tribes for the purpose of funding entities and programs that provide juvenile crime prevention services;

(B) Develop guidelines for the development of juvenile crime prevention plans;

(D) Require each juvenile crime prevention plan developed by a county to include a proposal for the provision of diversion services in the county by the Oregon Youth Authority pursuant to a contract entered into between the county and the authority; and

(E) Require each juvenile crime prevention plan developed by a county to include a proposal for detaining, sheltering, providing aftercare, treating, imposing graduated sanctions, and providing other juvenile department services in the county by the authority pursuant to a contract entered into between the county and the authority.

(b) In developing guidelines under subsection (1)(a)(B) of this rule, the division shall, at a minimum, develop guidelines for measuring changes in juvenile crime and recidivism.

(2)(a) Each board of county commissioners in this state shall designate an agency or organization to facilitate the provision of juvenile crime prevention services in the area subject to the jurisdiction of the county.

(b) The designated agency or organization shall facilitate the creation of partnerships between local and state public and private entities.

(c) The designated agency or organization shall coordinate with the local public safety coordinating council convened by the board of county commissioners pursuant to ORS 423.560 for the purpose of developing, or assisting in the development of, a juvenile crime prevention plan. The juvenile crime prevention plan must:

(A) Be developed in accordance with the guidelines developed by the division pursuant to subsection (1)(a)(B) of this rule; and

(B) Include proposals described in subsection (1)(a)(D) and (E) of this rule.

(d) The designated agency or organization shall submit the juvenile crime prevention plan, in a form and manner required by the division, to the division. The division shall submit the juvenile crime prevention plan to the Youth Development Council for approval. The council, in its discretion, may approve the juvenile crime prevention plan or require the plan to be resubmitted. The council may require a juvenile crime prevention plan to be resubmitted as many times as the council deems necessary to ensure that the plan is developed in accordance with this rule.

(3)(a) Each tribal council in this state shall designate an agency or organization to facilitate the provision of juvenile crime prevention services in the area subject to the jurisdiction of the tribe.

(b) The designated agency or organization shall facilitate the creation of partnerships between tribal and state public and private entities.

(c) The designated agency or organization shall develop, or assist in the development of, a juvenile crime prevention plan.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018

Or. Admin. R. 423-120-0020 Distribution of Funds

(1) To receive juvenile crime prevention funds, a county or tribe must enter into an intergovernmental agreement with the Youth Development Division. The intergovernmental agreement:

(a) Must require a county or tribe to use the funds in accordance with OAR 423-120-0001 to 423-120-0040 and the terms of the agreement;

(b) Must require a county or tribe to develop a budget as part of its juvenile crime prevention plan that accounts for how the county or tribe will use the funds;

(c) Must prohibit a county or tribe from using the funds to reimburse any person or entity for expenditures made, or to pay for any expenses incurred, before the effective date of the agreement;

(d) Must prohibit a county or tribe from using the funds to reimburse any person or entity for expenditures made, or to pay for any expenses incurred, before the date on which the Youth Development Council approves the juvenile crime prevention plan;

(e) Must require the funds, if allocated by the county or tribe to another entity for the provision of a juvenile crime prevention service, to be allocated pursuant to an agreement between the county or tribe and the entity under which the entity must:

(A) Use the guidelines developed by the division pursuant to OAR 413-120-0015 for measuring changes in juvenile crime and recidivism;

(B) Enter information related to assessing an individual’s risk of committing a juvenile crime in the Juvenile Justice Information System operated by the Oregon Youth Authority or in an identified database operated by the Oregon Department of Education; and

(f) May allow the division to distribute the funds to the county or tribe in allotments quarterly; and

(g) May allow the division to distribute an allotment to the county or tribe only upon receiving a request from the county or tribe to receive the allotment.

(2) A county or tribe must notify the division, in a form and manner required by the division, of any change to the budget.

(3) A county or tribe must return to the division any juvenile crime prevention funds that have not been obligated six months before the date on which the term of the intergovernmental agreement ends.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018

Or. Admin. R. 423-120-0025 Use of Funds by County or a Tribe

(1) Except as provided in subsection (2) of this rule, all juvenile crime prevention funds must be used by a county or tribe to fund entities and programs that provide juvenile crime prevention services as specified in the county or tribe’s juvenile crime prevention plan.

(2)(a) Except as provided in paragraph (b) of this subsection, a county may use up to 10 percent of juvenile crime prevention funds distributed to the county to pay expenses accrued, directly or indirectly, as a result of implementing the juvenile crime prevention plan.

(b) A county identified by the Youth Development Division as receiving the minimum amount of juvenile crime prevention funds available to a county under OAR 423-120-0001 to 423-120-0040 may use up to 15 percent of juvenile crime prevention funds distributed to the county to pay expenses accrued, directly or indirectly, as a result of implementing the juvenile crime prevention plan.

(c) A tribe may use a percent of juvenile crime prevention funds specified in an intergovernmental agreement to pay expenses accrued, directly or indirectly, as a result of implementing the juvenile crime prevention plan.

(d) The budget must account for funds used as described in this subsection.

(3) Juvenile crime prevention funds may not be used to replace other funds that the county or tribe dedicated, before entering into an intergovernmental agreement, to fund entities and programs that provide juvenile crime prevention services during the term of the agreement.

(4) Juvenile crime prevention funds may not be used to fund an entity or program providing a juvenile crime prevention service if the entity or program is funded by another federal or state funding source and the use of juvenile crime prevention funds is duplicative of the use of funds from the other funding source.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018

Or. Admin. R. 423-120-0030 Reporting and Retaining Records

(1) An entity or program that receives juvenile crime prevention funds from a county or tribe must file reports with the county or tribe accounting for the entity or program’s use of the funds. Reports filed under this subsection must be filed in accordance with the terms of an intergovernmental agreement.

(2)(a) The Youth Development Division shall develop a form by which a county or tribe may file fiscal and program reports with the division. A county or tribe must file the form with the division in the manner required by the division. The report must be certified by an authorized signature.

(b) A county or tribe may request the division, in a form and manner required by the division, to change the date on which a report otherwise would be filed under this subsection. The request for the change of date must be made before the date on which the report otherwise would be filed. The request must include:

(A) An explanation of the need for the change of date;

(B) The date on which the county or tribe will file the report; and

(C) A description of the measures that the county or tribe will take to ensure that the county or tribe will timely file subsequent reports.

(3) The division may require a county or tribe to retain any record created in conjunction with the funding of a juvenile crime prevention service for a period in excess of the period specified in the applicable provision of OAR chapter 166 if:

(a) The record is related to an audit being conducted by the division at the time that the county or tribe otherwise would be permitted to destroy the record; or

(b) The record is related to an audit that has concluded and discrepancies discovered during that audit have not been resolved at the time that the county or tribe otherwise would be permitted to destroy the record.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018

Or. Admin. R. 423-120-0035 Other Applicable Standards

Juvenile crime prevention funds must be distributed and used in accordance with all applicable federal and state laws, rules, and regulations and all applicable circular letters issued by the United States Office of Management and Budget, including, but not limited to:

(1) 75 U.S.C. 7501 to 7506 (requirements for single audits);

(2) 42 U.S.C. 2000d to 2000d-7 (civil rights requirements for federally assisted programs);

(3) 42 U.S.C. 12131 to 12134 and 12141 to 12165 (equality opportunity for individuals with disabilities when providing public services);

(4) 29 U.S.C. 794 (nondiscrimination under federal grants and programs);

(5) 20 U.S.C. 6081 to 6084 (prohibition against smoking in indoor facilities operated by a federal agency either directly or by contract);

(6) 2 C.F.R. 225 (Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87)); and

(7) 70 F.R. 41242 (Audits of State, Local Governments, and Non-Profit Organizations (OMB Circular A-133)).

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018

Or. Admin. R. 423-120-0040 Enforcement

(1) The Youth Development Division may audit a county or tribe or an entity or program that that receives juvenile crime prevention funds from a county or tribe for the purpose of determining whether the county, tribe, entity, or program is in compliance with OAR 423-120-0001 to 423-120-0040 or the terms specified in an intergovernmental agreement.

(2) The division may withhold juvenile crime prevention funds from a county or tribe that:

(a) Does not comply with OAR 423-120-0001 to 423-120-0040 or the terms specified in an intergovernmental agreement;

(b) Allocates juvenile crime prevention funds to an entity or program that is not in compliance with OAR 423-120-0001 to 423-120-0040 or the terms specified in an intergovernmental agreement; or

(c) Does not achieve outcomes identified by the division as being necessary to fulfill the purposes of OAR 423-120-0001 to 423-120-0040.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018

Division 125 Gang Prevention and Intervention

Or. Admin. R. 423-125-0001 Notice of Proposed Rulemaking

(1) Before permanently adopting, amending, or repealing any rule under OAR 423-125-0001 to 423-125-0050 the Youth Development Division 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 before the effective date of the proposed rulemaking;

(b) By mailing or e-mailing, at least 28 days before the effective date of the proposed rulemaking, a copy of the notice to all persons who request in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335;

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335 at least 49 days before the effective date of the proposed rulemaking; and

(d) By mailing or e-mailing a copy of the notice to persons identified by the division.

(2) The division may annually update the division’s list of persons to whom the division must mail or e-mail notice pursuant to ORS 183.335 by requesting persons to confirm that they want to remain on the list. If a person does not respond to a request for confirmation within 28 days of the date the division sends the request, the division will remove the person from the list. Any person removed from the list will be returned to the list upon request, provided that the person requests in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-125-0010 Definitions

For purposes of OAR 423-125-0001 to 423-125-0050:

(1) “Eligible applicant or potential applicant” means a person or entity identified as being eligible to receive a grant under OAR 423-125-0020.

(2) “Gang intervention” means a strategy, or activity, or both used to decrease or stop a youth’s participation in gang activity or violence.

(3) “Gang prevention” means a strategy, or activity or both, used to divert a youth from joining a gang.

(4) “Gang prevention and intervention funds” means state moneys distributed by the division to a program or entity for the purpose of funding entities and programs that provide gang prevention and intervention services pursuant to OAR 423-125-0025.

(5) “Gang prevention and intervention application” means an application developed under OAR 423- 125-0025 for approval by the Youth Development Council.

(6) “Gang prevention and intervention service” means a service or activity used to prevent gang violence or gang involvement, or both, or used to intervene in circumstances involving gang violence or gang involvement, or both.

(7) “Grant agreement” means an agreement between a grantee and the State of Oregon, acting by and through the Oregon Department of Education, the Youth Development Council, and the Youth Development Division, that:

(a) Details the responsibilities of the parties to the agreement with respect to the council’s mandate, mission, and commitment to equity; and

(b) Upon execution, makes the grantee eligible for reimbursement of funds as specified in the agreement.

(8) “Grantee” means a party or potential party to a grant agreement that is eligible for reimbursement of funds as specified in the agreement.

(9) “Mutual benefit corporation” means a nonprofit corporation that is charted by government and that has a mandate to serve the mutual benefit of its members.

(10) “Nonprofit organization” means an organization:

(a) Established as a nonprofit organization under the laws of this state; and

(b) That qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code, as described in ORS 314.011.

(11) “Public benefit company” means a corporation or limited liability company that considers its impact on society and the environment as part of its business decision-making process, in addition to earning a profit.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-125-0015 Program Purposes; Community Investments

(1) The purposes OAR 423-125-0001 to 423-125-0050 are to establish or support gang prevention and intervention services.

(2) To fulfill the purposes described in subsection (1) of this rule, the Youth Development Division shall distribute gang prevention and intervention funds:

(a) By issuing grants as described in OAR 423-125-0025; and

(b) By distributing funds that become available to the division for purposes other than issuing grants as described in OAR 423-125-0025, in a form and manner prescribed by the division or, if there is a need for the timely distribution of funds, as otherwise determined by the division.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-125-0020 Eligibility

(1) The following are eligible to receive a grant under OAR 423-125-0025 or a distribution under OAR 423-125-0015 (2)(b):

(a) The nine federally recognized tribes in Oregon;

(b) Nonprofit organizations providing gang prevention and intervention services in this state;

(d) Public benefit companies conducting business in this state and providing gang prevention and intervention services in this state;

(e) Mutual benefit corporations conducting business in this state and providing gang prevention and intervention services in this state;

(f) Counties, cities, and county and city governmental entities in this state; and

(g) Any other local government in this state, organization providing gang prevention and intervention services in this state, or company or corporation conducting business in this state that provides gang prevention and intervention services in this state, as identified by the Youth Development Council.

(2) The following are not eligible to receive a grant under OAR 413-125-0025 or a distribution under OAR 423-125-0015 (2)(b):

(a) An entity or person that does not provide gang prevention and intervention services in this state;

(b) An entity or person that the Youth Development Division determines has engaged in, or is engaging in, an activity described in OAR 423-125-0045.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-125-0025 Competitive Grants

(1) The Youth Development Division shall establish a process by which the division may issue grants for the purposes of establishing or supporting gang prevention and intervention services. The process must require the submission of gang prevention and intervention applications as described in this rule. The process must be approved by the Youth Development Council.

(2) The council must reapprove the process not less than once each biennium, or as otherwise determined by the council to be necessary.

(3) The division shall notify eligible applicants or potential applicants of:

(a) The process;

(b) Submission deadlines and other important dates; and

(4) The division shall make available to eligible applicants or potential applicants:

(a) Gang prevention and intervention application forms;

(b) All other materials necessary to apply for a grant; and

(c) Any guidelines for applying for a grant that the division determines is necessary to properly inform eligible applicants or potential applicants how to properly apply for a grant.

(5) Each gang prevention and intervention application submitted under this rule must include:

(a) A proposal for expending grant moneys, including a description of all activities to be funded with grant moneys and the expected outcomes associated with the performance of those activities;

(b) In a form and manner prescribed by the division, each individual measurable activity and associated outcome that will be subject to reporting under OAR 423-125-0035;

(c) In a form and manner prescribed by the division, a project budget that provides an accounting of grant moneys and how those grant moneys will be spent; and

(d) Other information as required by the division.

(6) The budget described in subsection (5)(c) of this rule may not include an accounting of funds that are not grant moneys awarded pursuant to this rule.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-125-0030 Notice and Appeal

(1) Prior to awarding a grant under OAR 423-125-0025, the Youth Development Division shall send written notification of the initial determination of the distribution to any applicant that applied for the grant.

(2) If the applicant will receive a grant under OAR 423-125-0025, the written notification must take the form of a letter of intent to award. A letter of intent to award does not guarantee that the applicant will receive the grant. Receipt of a grant is contingent on satisfying any requirement imposed by or necessary to enter into a grant agreement.

(3) The division shall establish an appeals process by which an eligible applicant or potential applicant may appeal a decision to award a grant under OAR 423-125-0025. The process must be approved by the council.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-125-0035 Grant Agreements

Prior to distributing funds under OAR 423-125-0001 to 423-125-0050, the Youth Development Division shall enter into a grant agreement with the person or entity who is to receive the funds. At a minimum, the grant agreement shall establish the following:

(1) That funds will be rewarded in the form of reimbursements;

(2) Any condition for receiving funds that is necessary to ensure that the funds will be used for the purposes described in OAR 423-125-0015;

(3) Requirements related to the keeping of records;

(4) Requirements related to reporting on the use of the funds;

(5) Requirements related to reporting on activities, actions, programming, and outcomes of the grantee or any party that the grantee is acting on behalf of; and

(6) Any other matter that the Youth Development Council requires to be included in a grant agreement.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-125-0040 Site Visits

If practicable, the division shall make a reasonable effort to visit a site where activities funded by gang prevention and intervention funds are conducted at least once a biennium.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850 & ORS 417.855
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-125-0045 Prohibitions

An entity or person to which the Youth Development Division distributes funds under OAR 423-125-0001 to 423-125-0050 may not expend the funds on any of the following:

(1) Any activity or use prohibited by state law or rule or local ordinance;

(2) If the funds are federal funds, any activity or use prohibited by federal law or regulation;

(3) If the funds are federal funds and federal law or regulation prescribes an age range for individuals on whom the funds may be spent, on individuals who are not an age that falls within the age range;

(4) Campaigning for office or campaigning on behalf of a person who is running for office or who is currently in office;

(5) Religious instruction or recruitment;

(6) Any activity or use that falls outside of the scope of work described within the grant agreement pursuant to which the funds were distributed.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-125-0050 Prioritizing Grants and Distributions

In awarding grants under OAR 423-125-0025 or making distributions under OAR 423-125-0015 (2)(b), the Youth Development Division may prioritize eligible applicants or potential applicants in consideration of the following:

(1) Whether eligible applicants or potential applicants have documented evidence of establishing or supporting gang prevention and intervention services;

(2) For the purpose of ensuring the geographic diversity of grantees and other recipients of funds, the geographic location of eligible applicants or potential applicants;

(3) Whether funds are used in a culturally competent and gender-specific manner that reflects the population, needs, and resources of the identified community;

(4) If the eligible applicant or potential applicant previously received a grant under OAR 423-125-0025 or a distribution under OAR 423-125-0015 (2)(b), or is the affiliate of any entity or person that previously received a grant under OAR 423-125-0025 or a distribution under OAR 423-125-0015 (2)(b), the findings of any site visit conducted pursuant to OAR 423-125-0040; and

(5) Any other criteria that the division determines furthers its mandate, mission, and commitment to equity.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019

Division 150 Juvenile Detention Facilities

Or. Admin. R. 423-150-0001 Notice of Proposed Rulemaking

(1) Before permanently adopting, amending, or repealing any rule under OAR 423-150-0001 to 423-150-0010, the Youth Development Division 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 before the effective date of the proposed rulemaking;

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335 at least 49 days before the effective date of the proposed rulemaking; and

(d) By mailing or e-mailing a copy of the notice to persons identified by the division.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.847
YDD 3-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-150-0005 Guidelines for Juvenile Detention Facilities

(1) As used in this rule, “juvenile detention facility” has the meaning given that term in ORS 169.005.

(2) For the purpose of developing guidelines pertaining to the operation of juvenile detention facilities as required by ORS 169.090, the Youth Development Division shall convene an advisory workgroup to solicit advice from the following:

(a) The Governor’s office;

(b) The Department of Corrections;

(d) The Oregon Youth Authority;

(e) The Oregon Department of Education;

(f) The Oregon Judicial Department;

(g) The Oregon Juvenile Director’s Association;

(h) At least one organization of this state representing youth in the juvenile court system;

(i) At least one county juvenile director from a county operating a juvenile detention facility;

(j) At least one organization of this state representing Oregon counties;

(k) At least one person representing Oregon tribes;

(l) At least one organization of this state representing the rights of disabled persons;

(m) At least one organization of this state representing the rights of minorities; and

(n) The Legislative Policy and Research Office.

(3) The division shall prepare the guidelines in accordance with the recommendations of the workgroup.

(4) After preparing the guidelines, the division shall provide the guidelines to the Director of the Department of Corrections and the Youth Development Council for approval. The director and the council may direct the division to revise the guidelines. The guidelines must be approved by both the director and the council before they may be published and distributed as required by ORS 169.090.

(5) At least once every two years, the division shall review guidelines approved under this rule to determine whether revising the guidelines would be appropriate. If the division determines that revising the guidelines would be appropriate, the division shall inform the department and the council of the determination.

(6) If the department or council determines that revising guidelines approved under this rule is appropriate, the department or council shall direct the division to convene an advisory workgroup as described in subsection (2) of this rule to solicit advice on how to revise the guidelines.

(7) At least once every six years, the division shall convene a workgroup as described in subsection (2) of this rule to determine whether revising guidelines approved under this rule would be appropriate. If the workgroup determines that revising the guidelines would be appropriate, the division shall solicit from the workgroup advice on how to revise the guidelines.

(8) Rules revised under this rule must be prepared and approved in accordance with subsections (3) and (4) of this rule.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 169.090(2)
YDD 3-2019, adopt filed 08/21/2019, effective 08/21/2019

Or. Admin. R. 423-150-0010 Extended Detention Program Plans

(1) As used in this rule:

(a) “Extended detention program” means a program offering services and activities that support one or more therapeutic goals for juveniles ordered by a court to be detained for a period of detention exceeding eight days pursuant to ORS 419C.453.

(b) “Extended detention program plan” means a written rationale for an extended detention program and an explanation of how a county will deliver the program in conformance with the minimum standards set forth in this rule.

(d) “Juvenile” means a person over whom the juvenile court has jurisdiction under ORS 419C.005 and who is eligible to be detained pursuant to ORS 419C.453.

(e) “Juvenile court” means a court having jurisdiction over cases under ORS 419A, 419B and 419C.

(f) “Supervising authority” means an agency or department in the county where a juvenile’s case is adjudicated, or an agency or department in the county to which a juvenile’s case is transferred.

(g) “Therapeutic” means rehabilitative and calculated to enhance well-being through treatment and training.

(2) A supervising authority ordered by a court to detain a juvenile for a period of detention exceeding eight days pursuant to ORS 419C.453 must detain the juvenile in accordance with an extended detention program plan approved by the Youth Development Council.

(3) An extended detention program plan must be submitted to the council in a form and manner prescribed by the Youth Development Division.

(4) An extended detention program plan must include:

(a) The written policies and procedures of the program;

(b) A description of the type of behavior that the program is intended to reform;

(d) A description of the therapeutic goal or goals of the program;

(e) The criteria by which juveniles may be admitted to the program;

(f) A description of the services and activities that the program will use to achieve the therapeutic goal or goals of the program;

(g) A description of the daily schedule for juveniles admitted to the program;

(h) A description of the staff positions necessary to administer the program, including the number of staff, the responsibilities of staff, and the required credentials , experience, and training for staff;

(i) An explanation of how the county will administer the program in conformance with any guidelines developed under OAR 423-150-0005;

(j) Documentation that the program:

(A) Has been approved by both the governing body of the county in which the supervising authority is located and the juvenile court with jurisdiction over the county in which the supervising authority is located;

(B) Is in compliance with any applicable education standards established by the Oregon Department of Education; and

(C) Is in compliance with any applicable standards for juvenile detention facilities established by the Oregon Department of Corrections; and

(k) Any other information that the division determines is necessary to validate or substantiate the information described in paragraphs (a) to (j) of this subsection.

(5) The council must approve or deny an extended detention program plan within 120 days of receiving the plan. The division must issue written notice of the council’s decision within 30 days of the council approving or denying the extended detention program plan. If the council denies the extended detention program plan, the written notice must include the reason or reasons for the denial.

(6)(a) An approved extended detention program plan must be renewed biennially on a form and in a manner prescribed by the division.

(b) Except as provided in paragraph (d) of this subsection, if the division determines that the approved extended detention program plan has not significantly changed since the council approved the plan, the division may renew the plan without the council reapproving the plan.

(c) If the division determines that the approved extended detention program plan has significantly changed since the council approved the plan, the council must reapprove the plan using the criteria set forth in subsection (4) of this rule.

(d) Every sixth year that an approved extended detention program plan is submitted to the division for renewal, the council must reapprove the plan using the criteria set forth in subsection (4) of this rule.

(7)(a) The division shall conduct an on-site visit of each facility that a supervising authority proposes in an extended detention program plan to use for an extended detention program before the council and the department may approve the plan.

(b) The division may conduct an on-site visit of each facility used for an extended detention program.

(c) The council and the department may use the findings of the division made pursuant to conducting on-site visits under this subsection when deciding whether to approve or renew an extended detention program plan under this rule.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 169.090(2) & ORS 419C.453
YDD 3-2019, adopt filed 08/21/2019, effective 08/21/2019

Division 155 Compliance Monitoring Authority under the Juvenile Justice Delinquency Prevention Act

Or. Admin. R. 423-155-0001 Definitions

For purposes of OAR 423-155-0001 to 423-155-0035, the following definitions apply:

(1) “Adult Jail or Lockup” means a secure Facility that is used by a State, unit of local government, or law enforcement authority to detain or confine adult inmates.

(2) “Collection” means Data obtained by the Monitoring Agency for the sole purpose of determining compliance, or providing technical assistance, with one or more of the four core requirements (when applicable) as described in the JJDPA.

(3) “Compliance Monitor” means a staff role within the Monitoring Agency responsible for surveying Facilities, inspecting Institutions, collecting, and verifying Data submitted from Adult Jails and Lockups or Secure Detention and Correctional Facilities.

(4) “Compliance Plan” means a document or set of documents that outline how the Institution will comply with the core requirements (when applicable) or recommendations made as part of a corrective action plan when detaining or confining juveniles in lawful custody. This can be a memorandum, guidance manual, or policy that outlines how, where, why, and when custody may occur.

(5) “Construction Feature” means a feature designed to physically restrict the movements and activities of persons in custody as listed below:

(a) “Holding Cell” means a secured room with reinforced materials designed to limit the movements of individuals detained or confined in lawful custody. A holding cell does not include rooms which have had their locking feature reversed to prevent unauthorized entry, and repurposed for non-custodial use.

(b) “Locking Interview Room” means a room equipped with locking features designed to limit movements of individuals in lawful custody and may sometimes include visual, or audio recording devices. A lockable interview room does not include rooms which sole locking feature is designed to prevent unauthorized entry (witness tamper locks), or rooms secured only by a crash-style bar that temporarily delays egress (must be approved by a fire marshal).

(c) “Secured Perimeter” means a locked enclosure designed to prevent unauthorized egress by individuals detained or confined in lawful custody such as an intake, booking, or secured residential area.

(d) “Stationary Cuffing Apparatus” means a ring, bar or bench that are securely mounted to a Facility floor or wall for the purpose of physically restricting the movements of someone in lawful custody. A stationary cuffing apparatus does not include the use of personal handcuffs unless fixed to a stationary object.

(6) “Core Violation” means a juvenile detained or confined beyond what is permitted by exception in 34 U.S.C. § 11133 Section 223(a) subsection (11), (12), or (13) of the JJDPA.

(7) “Criminal Justice Information System” or “CJIS” means an electronic information system developed and maintained by the State of Oregon, administered by the Oregon State Police in partnership with county sheriffs’ offices.

(8) “Data” means key information gathered anytime a juvenile is referred, detained, or placed in an Institution. This information is then used by the Monitoring Agency for determining the purpose of custody, length of stay, status of confinement, date of court appearance (if applicable), and release placement of each juvenile, including whether any racial or ethnic disparities exist. The following Data elements are required within a Detention Report. Where there are multiple options presented for a Data element, an Institution must choose one option to disclose that element as part of the Data cohort:

(a) Identification number, such as a case number, booking number, youth number, JJIS number, or other number linked to the identity of the juvenile offender;

(b) Age information, provided as either a date of birth or the age of the individual at time of referral, detention, or placement;

(A) American Indian or Alaska Native;

(B) Asian;

(D) Hispanic or Latino;

(E) Native Hawaiian or other Pacific Islander;

(F) White;

(G) Other.

(d) Gender identity;

(e) Decision point;

(f) Most serious alleged offense;

(g) Date and time juvenile arrived in custody at the Institution;

(h) Date and time of probable cause hearing (if applicable);

(i) Date and time the juvenile was released from custody at the Institution.

(9) “Decision Point” means the purpose for lawful custody such as referral, arrest, pre-trial detention, diversion, secure confinement, or transfer to adult court.

(10) “Declaration Report” means detention report except that a declaration is submitted in the absence of any juveniles detained or confined within the specific year requested by the Monitoring Agency.

(11) “Detain” or "Confine” means to hold, keep, or restrain a person such that he or she is not free to leave. There are two exceptional circumstances where lawful custody would not constitute the juvenile being detained or confined, provided only that the juvenile is not held using Construction Features:

(a) A juvenile that law enforcement holds for their own benefit for the sole purpose of returning the juvenile to custody of a parent or guardian; or

(b) A juvenile that law enforcement holds for their own benefit pending the transfer of the juvenile to the custody of a child welfare or social service agency.

(12) “Detention Report” means a document or set of documents that contains Data relative to juveniles detained or confined within a specific year requested by the Monitoring Agency.

(13) “Facility” means an Institution, a place, a building or a part thereof, a set of buildings, or an area whether or not enclosing a building or set of buildings, which is used for the lawful custody and treatment of juveniles and may be owned or operated by public or private agencies.

(14) “Floor Plan” means a visually illustrated route or set of routes to and from secure areas for the purpose of establishing how separation will be maintained during on-site inspections. This can be a document created specifically for this purpose, a blueprint, or emergency evacuation floor plan.

(15) “Inspection” means a scheduled on-site visit to an Institution for the purpose of determining the level of separation available through either structural, or time-phased use of secure holding areas, as well as verifying the accuracy of information submitted to the Monitoring Agency via survey or Data collection.

(16) “Institution” means a Facility equipped with one or more Construction Features that a law enforcement or a juvenile or criminal court authority uses to detain or confine juveniles or other individuals accused of having committed a delinquent or criminal offense, awaiting adjudication or trial for a delinquent or criminal offense, or found to have committed a delinquent or criminal offense.

(17) “Juvenile Policies” means document(s) that guide a Facility’s handling of juveniles in lawful custody. Juvenile Policies can include standards for the treatment of juveniles during arrest, intake, booking, admissions, court proceedings, and other activities, as applicable to normal activities of the Facility and specified in Compliance Monitoring guidance published by the Monitoring Agency.

(18) “Juvenile Offender” means an individual subject to the exercise of juvenile court jurisdiction for purposes of adjudication and treatment based on age and offense limitations as defined by state law, i.e., a criminal-type offender or a status offender.

(19) “Juvenile Justice and Delinquency Prevention Act” or “JJDPA” means federal law promulgated pursuant to 34 U.S.C. § 11133 and administered by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) for the purpose of extending resources to participating states and additional 4th Amendment protections to juveniles when detained inside of an Institution.

(20) “Juvenile Justice Information System” or “JJIS” means an electronic information system developed and maintained by the state through the Oregon Youth Authority (OYA) and administered in partnership with county juvenile departments.

(21) “Lawful Custody” means the exercise of care, supervision, and control over a juvenile offender or non-offender pursuant to the provisions of the law or a judicial order or decree.

(22) “Monitoring” means surveying places, spot-checking Facilities, and inspecting Institutions. Monitoring also includes collecting and analyzing Data from Adult Jails and Lockups, and Secure Detention and Correctional Facilities, for the purpose of verifying compliance with each of the four core requirements and determining eligibility for funds (if applicable).

(23) “Monitoring Agency” means the Youth Development Division or YDD.

(24) “Office of Juvenile Justice and Delinquency Prevention” or “OJJDP” means the federal agency charged with administering and providing guidance on compliance with the Juvenile Justice and Delinquency Prevention Act (JJDPA).

(25) “Racial and Ethnic Disparity” or “RED” means when a specific minority group’s rate of contact at a particular decision point in the juvenile justice system is different than the rate of contact for non-Hispanic whites or other minority groups. The race and ethnicity categories and definitions outlined in the federal standards include:

(a) “American Indian or Alaska Native” means a person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment.

(b) “Asian” means a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

(d) “Hispanic or Latino” means a person of Cuban, Mexican, Puerto Rican, Cuban, South or Central American, or other Spanish culture or origin, regardless of race.

(e) “Native Hawaiian or Other Pacific Islander” means a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

(f) “White” means a person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

(g) ”Other” means a person who does not identify with any of the other six race and ethnic categories, or is used if documentation of a person’s race or ethnicity is unavailable, and if the observer is not able to make a reasonable determination.

(26) “Racial and Ethnic Disparities Coordinator” means a staff role within the Monitoring Agency responsible for monitoring and verifying compliance with the Racial and Ethnic Disparities core protection of the JJDPA.

(27) “Secure Detention or Correctional Facility” means any public or private residential Facility that includes Construction Features designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody that are awaiting trial and accused of having committed an offense, or who have been adjudicated or convicted as having committed an offense that would be criminal if committed by an adult.

(28) “Spot-check” means an unscheduled on-site visit to a surveyed Facility for the purpose of verifying the absence of Construction Features.

(29) “Survey” means a series of questions relating to the type and use of a place, building, or part thereof, a set of buildings, or an area whether or not enclosing a building or set of buildings. A Survey determines whether

(a) The place is used for the lawful custody and treatment of juveniles,

(b) The place is owned or operated by a public or private agency, and

(30) “Youth Development Council” or “YDC” means the governing body that serves as the Statewide Advisory Group for the JJJDPA in Oregon.

(31) “Youth Development Division” or “YDD” means the designated state agency (DSA) responsible for carrying out Compliance Monitoring activities under the authority of the YDC, and is solely responsible for administering funds in Oregon distributed pursuant to the JJDPA.

(32) “Youth offender” means a person at least 18 and but no older than 24 years of age 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. This term also refers to an “individual under extended juvenile court jurisdiction” as described in the JJDPA and OJJPD guidance.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850, ORS 417.851, ORS 417.852 & 417.855
YDD 7-2021, adopt filed 03/29/2021, effective 03/29/2021

Or. Admin. R. 423-155-0010 Maintaining Compliance with Custody and Facility Provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA)

(1) To perform its duties as required by the JJDPA in ORS 417.850 (12), the YDD may collect Data and inspect any Facility, as defined in rule, in which juveniles are detained.

(2) Places established as Facilities under the definition in OAR 423-155-0001, shall be surveyed either online or in person by the YDD, for the purpose of determining if a Facility meets the classification of one of the following types, in accordance with definitions found in U.S.C. § 11103, and for the purpose of determining the standards applicable when analyzing Data collected pursuant to 34 U.S.C. § 11333:

(a) Institution;

(b) Secure Detention or Correctional Facility; or

(3) Facilities that do not fall under OAR 423-155-0010 (2)(a) – (2)(c), but are still secured through the installment of Construction Features, may be classified as an Other Secure Holding Facility, and made exempt from inspection, and will only be monitored through Survey and Spot-Check.

(4) Facilities classified as Institutions shall be inspected once every three years to verify the need and ability to provide adequate separation between juveniles and adult inmates when both are detained in accordance with the standards set forth in 34 U.S.C. § 11133 Section 223 (a)(12).

(5) Institutions that also meet the definition of Secure Detention or Correctional Facilities will have their Data collected once per federal fiscal year for the purpose of establishing whether any status or non-offender type juveniles were detained or confined in violation of the standards, or pursuant to applicable exceptions set forth in 34 U.S.C. § 11133 Section 223(a)(11). The YDD may collect Data at a rate more than once per federal fiscal year if the corrective action process, as described in OAR 423-155-0025, becomes initiated.

(6) Institutions that also meet the definition of Adult Jails or Lockups will have their Data collected once per federal fiscal year for the purpose of establishing whether any juveniles were detained or confined in violation of the standards, or pursuant to applicable exceptions set forth in 34 U.S.C. § 11133 Section 223(a) (13). The YDD may collect Data at a rate more than once per federal fiscal year if the corrective action process, as described in OAR 423-155- 0025, becomes initiated.

(7) Violations identified through collection of Data, or during on-site inspections will be addressed through a corrective action process as described in OAR 423-155-0025.

(8) A Compliance Plan may be requested from Institutions under the following circumstances:

(a) During an on-site inspection once every three years;

(b) Whenever there is a violation of the standards applicable; or

(c) Anytime the YDD finds that an Institution’s juvenile policies have changed and the policy on record at the YDD is outdated.

(9) The YDD shall assist Facilities in complying with the JJDPA by way of technical assistance, manuals, or other guidance made available upon request or on the YDD’s website.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850, ORS 417.851, ORS 417.852 & 417.855
YDD 7-2021, adopt filed 03/29/2021, effective 03/29/2021

Or. Admin. R. 423-155-0020 Maintaining Compliance with Racial and Ethnic Disparities Provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA)

(1) Upon collection and analysis of Data received from Institutions, the YDD may:

(a) Request additional Data if the initial Data submission is not complete or sufficient for the purpose of establishing whether racial or ethnic disparities exist;

(b) Provide recommendations and technical assistance to reduce any identified racial and ethnic disparities, in accordance with the JJDPA.

(2) The Racial and Ethnic Disparities Coordinator will analyze Data in order to make a determination of whether the Data demonstrates that disparities exist, or illustrates reductions in disparities.

(3) Data and analysis will be compiled by the Racial and Ethnic Disparities Coordinator and reported to the YDC and the OJJDP.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850, ORS 417.851, ORS 417.852 & 417.855
YDD 7-2021, adopt filed 03/29/2021, effective 03/29/2021

Or. Admin. R. 423-155-0025 Technical Assistance Process for Institutions out of Compliance

(1) Upon collection of Data received from Institutions, the YDD shall:

(a) Analyze the received Data for sufficiency in making a compliance determination.

(b) Request additional Data necessary to make a compliance determination.

(A) The Data received is not sufficient for making a compliance determination;

(B) The Data received indicates that a Core Violation has occurred; or

(d) Recommend changes for the purpose of reducing violations or producing sufficient Data.

(2) Upon identification of a Core Violation, the YDD shall notify the Institution in writing of the following:

(a) The core requirement violated; and

(b) Recommended actions to reduce or eliminate future violations.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850, ORS 417.851, ORS 417.852 & 417.855
YDD 7-2021, adopt filed 03/29/2021, effective 03/29/2021

Or. Admin. R. 423-155-0035 Identification and Correction of Racial and Ethnic Disparities

(1) Upon collection of Data received from Institutions, the YDD shall:

(a) Analyze the received Data to ensure it is sufficient to make a disparities determination.

(b) Request additional Data necessary to make a disparities determination.

(A) The Data received is not sufficient for making a disparities determination;

(B)The Data received indicates that a disparity does exist; or

(d) Recommend changes for the purpose of reducing disparities or producing sufficient Data.

(2) Upon identification of a disparity, the YDD shall notify the Institution in writing of the following:

(a) The races or ethnicities implicated in the disparity;

(b) Recommended actions to reduce or eliminate future racial and ethnic disparities.

History

Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850, ORS 417.851, ORS 417.852 & 417.855
YDD 7-2021, adopt filed 03/29/2021, effective 03/29/2021

Division 160 Reengagement System and Grants

Or. Admin. R. 423-160-0001 Reengagement Grant Definitions

The following definitions apply to OAR 423-160-0001 to 423-160-0013:

(1) “Community-based Organization” means a nonprofit organization that is representative of a community or significant segments of a community, which is located within or in close proximity to the community it serves. This includes culturally specific organizations that have an expressed mission of providing services to specific populations within a community.

(2) “Eligible Entity” means an organization, agency, or consortium that meets the eligibility requirements to operate a “Reengagement Program” and receive funding under the Statewide “Reengagement System,” as established by ORS 417.859 and further clarified in OAR 423-160-0007.

(3) “Eligible Youth” means a participant who meets the eligibility requirements for enrollment in a “Reengagement Program,” established by ORS 417.859 and further clarified in OAR 423-160-0005.

(4) “Non-profit Organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) or a social welfare organization under 501(c)(4) of the Internal Revenue Code as defined in ORS 314.011.

(5) “Reengagement” means services and activities intended to reconnect out of school youth with education, training, and other services. Reengagement includes outreach, education, training, mentoring, support services, and post-completion services, including those further described in the definition of “Reengagement Services.”

(6) “Reengagement Grant” means the grants established by ORS 417.859 and further clarified in OAR 423-160-0011 and OAR 581-017-0651 through 581-017-0653.

(7) “Reengagement Partner” or “Partner” means an entity that provides any type of “Reengagement Service” as part of a Reengagement Program.

(8) “Reengagement Program” or “Program” means a reengagement program as defined by ORS 417.859, and further clarified in OAR 423-160-0007 and 423-160-0009.

(9) “Reengagement Services” refers to the range of services provided by a Reengagement Program, including but not limited to:

(a) Outreach services - identification, contact, referral, and retention activities for Eligible Youth

(b) Educational services - academic remediation, credit recovery, GED Options and other GED preparation and testing, and post-secondary access;

(d) Workforce Development services - work readiness and soft skills training, internships, job placement, career technical education;

(e) Personal Skills development - life skills, financial literacy, personal care and nutritional education;

(f) Supportive services - mental health counseling, substance abuse counseling, navigation and connection to social services, childcare, transportation assistance, housing assistance, basic needs assistance, affinity groups;

(g) Post-completion (follow-up) services to participants who have earned a diploma or GED within a Reengagement Program, in a manner determined by the Youth Development Division within the grant funding process; and

(h) Other direct services to Eligible Youth delivered by a Reengagement Program.

(10) “Statewide Youth Reengagement System” or “System” means the comprehensive reengagement efforts carried out, coordinated, supported, and monitored by the Youth Development Division, as established by ORS 417.859, and further clarified in OAR 423-160-0009.

History

Statutory/Other Authority: ORS 417.859
Statutes/Other Implemented: ORS 417.859
YDD 1-2023, amend filed 04/26/2023, effective 04/26/2023
YDD 1-2021, minor correction filed 02/24/2021, effective 02/24/2021
YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020

Or. Admin. R. 423-160-0003 YDD Reengagement Grant: Establishment

(1) There is established the Youth Development Division Statewide Youth Reengagement System and the Reengagement Grant.

(2) The purpose of the Statewide Youth Reengagement System is to coordinate Reengagement Programs and the provision of Reengagement Services to Eligible Youth.

(3) The System is administered by the Youth Development Division. Administration includes the design of the system, management of grant funding and monitoring process, provision of technical assistance to Reengagement Programs and Partners, and general coordination of the System.

(4) Reengagement Programs that are funded with Reengagement Grants will be considered participants in the Statewide Youth Reengagement System, however the System may include Reengagement Programs which are not currently receiving funding through the Reengagement Grant program, as described in OAR 423-160-0011.

History

Statutory/Other Authority: ORS 417.859
Statutes/Other Implemented: ORS 417.859
YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020

Or. Admin. R. 423-160-0005 Eligibility for Enrollment in a Reengagement Program

(1) The following individuals are eligible to enroll in and participate in services offered by a Reengagement Program:

(a) Youth age 14-24 who are not currently enrolled in high school, and have not earned a high school diploma or high school equivalency credential such as a GED credential;

(b) Youth age 14-21 who are defined as a dropout under ORS 339.505, and not exempt from attending public school under ORS 339.030;

(c) Youth age 14-24 who are recommended by the Oregon Youth Authority, the Oregon Department of Human Services, Juvenile Court Judges, County Juvenile Departments, the Housing and Community Services Department, a community college, a Federally-Recognized Tribe, a School District or an Education Service District, and have not earned a high school diploma or high school equivalency credential such as a GED credential; or

(d) Youth age 16-21 who are enrolled in high school, initially enrolled in high school one or more years prior, and

(A) have earned 3 or more credits fewer than the expected number of credits to be earned based on the duration of enrollment, and

(B) have had irregular attendance or been removed from active enrollment in a school program due to absences.

(2) A youth who does not meet one of the criteria in subsection (1) of this rule may petition the Youth Development Division for permission to enroll in and participate in services offered by a Reengagement Program. If the Director of the Youth Development Division, or designee, determines that the request conforms to the goals of the Statewide Reengagement System, the Director may approve the request and the youth will be permitted to enroll and participate.

(3) A youth who:

(a) is between 14 and 24 years of age and;

(b) was enrolled in a Reengagement Program in the previous school year or academic term, may be considered eligible to continue enrollment in a reengagement program at the start of a new school year or academic term, even if the youth was considered to be enrolled in school at the end of the prior school year or academic term.

History

Statutory/Other Authority: ORS 417.859
Statutes/Other Implemented: ORS 417.859
YDD 1-2023, amend filed 04/26/2023, effective 04/26/2023
YDD 2-2021, minor correction filed 02/24/2021, effective 02/24/2021
YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020

Or. Admin. R. 423-160-0007 Eligibility to Provide a Reengagement Program

(1) The following entities may provide a Reengagement Program or deliver Reengagement Services under the Statewide Reengagement System:

(a) School districts;

(b) Public charter schools;

(d) Federally recognized Tribes;

(e) Local Workforce Development Boards;

(f) County and Municipal Governments and Agencies;

(g) Community Colleges;

(h) Alternative Schools (including private alternative schools);

(i) Community-Based Organizations; and

(j) Non-Profit Organizations.

(2) An entity that does not meet one of the criteria in subsection (1) of this rule may petition the Youth Development Division to be determined eligible to provide a Reengagement Program. If the Director of the Youth Development Division determines that the request conforms to the goals of the Statewide Reengagement System, the Director may approve the request and the entity will be designated as eligible.

(3)(a) A single Reengagement Program may be offered by a collaborative or consortium of multiple Reengagement Partners, and must include at least one Eligible Entity identified in subsection (1) of this rule.

(b) If a Reengagement Program is offered by a collaborative or consortium, the fiscal agent must be an Eligible Entity identified in subsection (1) of this rule.

History

Statutory/Other Authority: ORS 417.859
Statutes/Other Implemented: ORS 417.859
YDD 3-2021, minor correction filed 02/24/2021, effective 02/24/2021
YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020

Or. Admin. R. 423-160-0009 Designation of Reengagement Programs as Participants in a Statewide Youth Reengagement System

(1) The Youth Development Division shall develop a process by which an entity offering Reengagement Services will be assessed to meet criteria established by the Youth Development Division, in order to be considered a participant in the Statewide Youth Reengagement System.

(2) Participants in the Statewide Youth Reengagement System shall include, but are not restricted to, recipients of Reengagement Grants made under OAR 581-017-0651 through 581-017-0653 and OAR 423-160-0011.

(3) An entity that provides Reengagement Services but does not receive or meet the requirements to receive a Reengagement Program Grant under may be considered a participant in the System, subject to criteria developed by the Youth Development Division.

(4) Through the Statewide Youth Reengagement System, the Youth Development Division will collect data on Reengagement Programs and Reengagement Services, and support collaboration and coordination among Programs.

History

Statutory/Other Authority: ORS 417.859
Statutes/Other Implemented: ORS 417.859
YDD 4-2021, minor correction filed 02/24/2021, effective 02/24/2021
YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020

Or. Admin. R. 423-160-0011 Reengagement Program Grants

(1) The Youth Development Division shall establish a process by which the Division may issue grants for the purpose of funding Reengagement Programs.

(a) The process must be approved by the Youth Development Council, and adhere to any requirements set forth in OAR 581-017-0653.

(b) The grant award process will take into account the eligibility standards for Reengagement Programs, and required services and partnerships identified in ORS 417.859.

(c) The Youth Development Division shall provide eligible entities with information on the grant funding process, including:

(A) Grant parameters, guidelines, requirements, and deliverables; and

(B) Submission deadlines and other important dates.

(2) Each proposal for funding submitted under this rule must include:

(a) A project budget describing planned expenditure of funds;

(b) A description of all activities to be funded with grant funds;

(d) Other information as required by the Division.

(3) To be eligible to receive a Reengagement Grant, an entity must:

(a) Demonstrate capability of meeting all requirements for provision of a Reengagement Program under ORS 417.859;

(b) Meet all of the requirements in OAR 581-017-0653 and 581-017-0655.

(c) Demonstrate the capability and capacity to deliver all required elements of Reengagement Program services, which shall be fulfilled in part through the demonstration of partnerships, including but not limited to:

(A) Educational partners (School districts, ESDs, Community Colleges, other education service providers);

(B) Workforce/Training partners (Local Workforce Development Boards, Community Colleges, other training providers); and

(C) Culturally Responsive and Equity-focused partners (Federally recognized tribes, Community-Based organizations, and other entities dedicated to addressing the needs of youth who are over-represented in the Eligible Youth population).

(4) The Division shall award grants based on the evaluation of the grant proposals, which includes the following considerations:

(a) Counties, Districts, and/or schools served, where there is a graduation/completion rate gap between underserved populations and the overall student rate;

(b) Counties, Districts, and/or schools served, where there is a graduation/completion rate gap between the local student population and the statewide graduation/completion rate;

(d) Location of a reengagement program, and factors related to availability of reengagement services and other resources in a given community; and

(e) Demonstrable trauma-informed policies, practices, and/or partnerships.

History

Statutory/Other Authority: ORS 417.859
Statutes/Other Implemented: ORS 417.859
YDD 1-2022, minor correction filed 11/29/2022, effective 11/29/2022
YDD 5-2021, minor correction filed 02/24/2021, effective 02/24/2021
YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020

Or. Admin. R. 423-160-0013 Reengagement Grant Reporting

(1) Recipients of the Reengagement Grant must report on activities carried out under the grant, in a manner prescribed by the Youth Development Division.

(2) The reporting requirements, data element definitions, and report submission process for Reengagement Grant recipients shall be specified in the grant funding process.

(3) The Youth Development Division will review reporting and data from Reengagement Programs and the Statewide Youth Reengagement System. The Division will notify and advise the Youth Development Council, Oregon Department of Education, and State Board of Education of any recommendations on educational accountability standards as applied to Reengagement Programs and reengaged students, where it identifies opportunities to:

(a) More appropriately assess reengagement outcomes;

(b) Remove barriers to reengagement; and

(4) The Youth Development Division will consult with the Oregon Department of Education to align and reconcile data collected from Reengagement Programs and the Statewide Youth Reengagement System with relevant data collected by the Oregon Department of Education.

History

Statutory/Other Authority: ORS 417.859
Statutes/Other Implemented: ORS 417.859
YDD 6-2021, minor correction filed 02/24/2021, effective 02/24/2021
YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020

OAR Chapter 423 — Oregon Department of Education, Youth Development Division

Division 1 PROCEDURAL RULES AND AGENCY DEFINITIONS

Or. Admin. R. 423-001-0007 Confidentiality and Inadmissibility of Mediation Communications

Division 100 Model Rules Procedure

Or. Admin. R. 423-100-0001 Model Rules of Procedure

Division 110 Community Investment

Or. Admin. R. 423-110-0001 Notice of Proposed Rulemaking

Or. Admin. R. 423-110-0010 Definitions

Or. Admin. R. 423-110-0015 Program Purposes; Community Investments

Or. Admin. R. 423-110-0020 Eligibility

Or. Admin. R. 423-110-0025 Competitive Grants

Or. Admin. R. 423-110-0030 Notice and Appeal

Or. Admin. R. 423-110-0035 Grant Agreements

Or. Admin. R. 423-110-0040 Site Visits

Or. Admin. R. 423-110-0045 Prohibitions

Or. Admin. R. 423-110-0050 Prioritizing Grants and Distributions

Division 120 Juvenile Crime Prevention

Or. Admin. R. 423-120-0001 Notice of Proposed Rulemaking

Or. Admin. R. 423-120-0010 Definitions

Or. Admin. R. 423-120-0015 Juvenile Crime Prevention Program

Or. Admin. R. 423-120-0020 Distribution of Funds

Or. Admin. R. 423-120-0025 Use of Funds by County or a Tribe

Or. Admin. R. 423-120-0030 Reporting and Retaining Records

Or. Admin. R. 423-120-0035 Other Applicable Standards

Or. Admin. R. 423-120-0040 Enforcement

Division 125 Gang Prevention and Intervention

Or. Admin. R. 423-125-0001 Notice of Proposed Rulemaking

Or. Admin. R. 423-125-0010 Definitions

Or. Admin. R. 423-125-0015 Program Purposes; Community Investments

Or. Admin. R. 423-125-0020 Eligibility

Or. Admin. R. 423-125-0025 Competitive Grants

Or. Admin. R. 423-125-0030 Notice and Appeal

Or. Admin. R. 423-125-0035 Grant Agreements

Or. Admin. R. 423-125-0040 Site Visits

Or. Admin. R. 423-125-0045 Prohibitions

Or. Admin. R. 423-125-0050 Prioritizing Grants and Distributions

Division 150 Juvenile Detention Facilities

Or. Admin. R. 423-150-0001 Notice of Proposed Rulemaking

Or. Admin. R. 423-150-0005 Guidelines for Juvenile Detention Facilities

Or. Admin. R. 423-150-0010 Extended Detention Program Plans

Division 155 Compliance Monitoring Authority under the Juvenile Justice Delinquency Prevention Act

Or. Admin. R. 423-155-0001 Definitions

Or. Admin. R. 423-155-0010 Maintaining Compliance with Custody and Facility Provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA)

Or. Admin. R. 423-155-0020 Maintaining Compliance with Racial and Ethnic Disparities Provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA)

Or. Admin. R. 423-155-0025 Technical Assistance Process for Institutions out of Compliance

Or. Admin. R. 423-155-0035 Identification and Correction of Racial and Ethnic Disparities

Division 160 Reengagement System and Grants

Or. Admin. R. 423-160-0001 Reengagement Grant Definitions

Or. Admin. R. 423-160-0003 YDD Reengagement Grant: Establishment

Or. Admin. R. 423-160-0005 Eligibility for Enrollment in a Reengagement Program

Or. Admin. R. 423-160-0007 Eligibility to Provide a Reengagement Program

Or. Admin. R. 423-160-0009 Designation of Reengagement Programs as Participants in a Statewide Youth Reengagement System

Or. Admin. R. 423-160-0011 Reengagement Program Grants

Or. Admin. R. 423-160-0013 Reengagement Grant Reporting

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