OAR Chapter 419 — Department of Human Services, Office of Training, Investigations and Safety

Division 50 HEARINGS - ADULT ABUSE

Or. Admin. R. 419-050-0000 Requesting a Contested Case Hearing of Substantiated Abuse Determination

(1) This rule applies to contested case hearings on substantiated adult abuse findings made by the Department’s Office of Training, Investigation and Safety (OTIS) or the Department designees (Community Mental Health Programs or Community Developmental Disabilities Programs) under OAR chapter 419, divisions 100, 110 and 120.

(2) Contested case proceedings under this rule are conducted in accordance with the Attorney General's model rules in OAR chapter 137, division 003, except to the extent that OAR chapter 419, divisions 100, 110 and 120 are permitted to and provide for different procedures.

(3) A contested case hearing under this rule is not open to the public and is closed to nonparticipants, except nonparticipants may attend subject to the consent of the parties and the Department, and must adhere to applicable confidentiality laws.

(4) An Accused Person or Accused Provider (AP) who receives a Notice of Abuse Determination under OAR chapter 419, divisions 100, 110 and 120 on or after March 1, 2019 may challenge that notice by filing a written, timely request for a contested case hearing. The request must be postmarked to the Department of Human Services, Office of Training, Investigations and Safety, 4600 25th Ave, NE, Suite 150, Salem, Oregon 97301 within 30 calendar days of the date of the Notice of Abuse Determination.

(5) The Department may dismiss a request for hearing as untimely if the AP's written explanation for missing the hearing request deadline does not meet the criteria in OAR 137-003-0528(2) and (3) for either a hearing on the merits or a limited contested case hearing about the reasons for missing the deadline.

(6) An AP or their legal representative may withdraw a request for hearing at any time before a final order has been issued in the contested case.

(a) The Department or the Office of Administrative Hearings (OAH) will send an order confirming the withdrawal of a hearing request to the last known address of the AP.

(b) The AP or their legal representative may cancel the withdrawal if a written cancellation of the withdrawal is sent to the Department hearing representative and postmarked no later than 10 business days following the date of the order confirming the withdrawal.

(c) A late cancellation of a withdrawal may be considered if the written cancellation of the withdrawal is sent the Department hearing representative and postmarked within the deadline set out in OAR 137-003-0675(1) following the date of the order confirming the withdrawal.

(d) The Department will allow the late cancellation of a withdrawal filed within the deadline set out in OAR 137-003-0675(1) if the deadline to cancel the withdrawal was missed due to circumstances beyond the control of the AP.

(7) The Department will refer to the Office of Administrative Hearings (OAH) the issue of allowing the late cancellation of a withdrawal filed within the deadline set out in OAR 137-003-0675(1) if there is a factual dispute about whether the deadline to cancel the withdrawal was missed due to circumstances beyond the control of the AP.

(8) An order dismissing a hearing request is issued when the neither the claimant or the claimant’s representative appear at the time and place specified for the hearing. The Department may reconsider and cancel the dismissal under OAR 137-003-0675 after a timely written request of the claimanton a showing that the claimantwas unable to attend the hearing and unable to request a postponement from OAH for reasons beyond claimant's reasonable control. The Department may refer the reconsideration decision to OAH.

(9) When the Department refers a contested case under this rule to the Office of Administrative Hearings (OAH), the Department indicates on the referral whether the Department is authorizing a proposed order, a proposed and final order (OAR 137-003-0645(4)), or a final order.

(a) When the Department authorizes either a proposed order or a proposed and final order, the AP may file written exceptions and written argument to be considered by the Department. The exceptions and argument must be postmarked or received at the location indicated in the OAH order not later than the 20th calendar day after service of the proposed order or proposed and final order.

(b) When the Department authorizes proposed and final orders, if the AP does not submit timely exceptions or argument following a proposed and final order, the proposed and final order becomes a final order on the 21st calendar day after service of the proposed and final order unless the Department has issued a revised order or has notified the AP and OAH that the Department will issue the final order. When the Department receives timely written exceptions or argument, the Department issues the final order, unless the Department requests that OAH issue the final order under OAR 137-003-0655.

(c) If in a contested case hearing the Office of Administrative Hearings (OAH) is authorized to issue a final order on behalf of the Department, the Department may issue the final order in the case of default.

(10) The Department has adopted the following exceptions to the Attorney General's model rules due to caseload volume and because the model discovery procedures would unduly complicate or interfere with the hearing process:

(a) Upon the request of the party or AP, the Department provides work contact information -- telephone number and address -- for any Department employees expected to testify at the hearing as witnesses, except rebuttal witnesses.

(b) Except as provided in subsection (a) of the section, the Department and any party or AP in the contested case are not required to provide the telephone numbers and addresses of witnesses.

History

• Statutory/Other Authority: ORS 183.341 & 409.050
• Statutes/Other Implemented: ORS 183.411 -183.471, 430.768, 430.731, 430.735-430.765 & 409.010
• OTIS 8-2024, minor correction filed 08/20/2024, effective 08/20/2024
• OTIS 77-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0605, filed 12/01/2023, effective 12/01/2023
• DHSD 10-2019, adopt filed 08/01/2019, effective 08/01/2019
• DHSD 2-2019, temporary adopt filed 03/01/2019, effective 03/01/2019 through 08/27/2019

Or. Admin. R. 419-050-0010 Lay Representation in Contested Case Hearings

(1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted by the Office of Administrative Hearings under OAR 419-050-0000.

(2) A Department officer or employee acting as the Department’s representative may not make legal argument on behalf of the Department.

(a) "Legal argument" includes arguments on:

(A) The jurisdiction of the Department to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to the Department; and

(C) The application of court precedent to the facts of the particular contested case proceeding.

(b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses, or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the Department in handling similar situations;

(C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

(3) When an officer or employee appears on behalf of the Department, the administrative law judge shall advise the Department's representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection.

(4) If the administrative law judge determines that statements or objections made by the Department representative appearing under section (1) of this rule involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the Department representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.

(5) A Department representative appearing under section (1) of this rule must read and be familiar with the Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available at http://www.doj.state.or.us.

(6) When a Department officer or employee represents the Department in a contested case hearing under OAR 419-050-0000, requests for admission and written interrogatories are not permitted. The Department adopts this exception to the Attorney General’s model rules due to caseload volume and because these matters would unnecessarily complicate the hearing process.

History

• Statutory/Other Authority: ORS 183.341 & 409.050
• Statutes/Other Implemented: ORS 183.411-183.471, 430.768, 430.731, 430.735-430.765 & 409.010
• OTIS 78-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0615, filed 12/01/2023, effective 12/01/2023
• DHSD 10-2019, adopt filed 08/01/2019, effective 08/01/2019
• DHSD 2-2019, temporary adopt filed 03/01/2019, effective 03/01/2019 through 08/27/2019

Division 100 ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES

Or. Admin. R. 419-100-0000 Purpose and Scope

(1) These rules, OAR chapter 419, division 100, prescribe standards and procedures for the investigation of reported abuse, and assessment for and provision of protective services for adults with developmental disabilities in community programs and facilities, and the nature and content of the abuse investigation and protective services report.

(2) The Department’s Office of Training, Investigations and Safety (OTIS) has the duties, functions and powers of training, coordinating, assisting, directing and approving the services provided by the Community Developmental Disabilities Programs (CDDP) related to these rules. OTIS is responsible to ensure investigations are conducted in a uniform, objective and thorough manner.

(3) For the purpose of carrying out these rules, Community Developmental Disabilities Programs (CDDP) are Department designees as used in ORS 430.731 and 430.735 through 430.765.

(4) OTIS or CDDP shall receive all reports of alleged abuse, assess the need for protective services and conduct thorough and unbiased investigations to make findings as required by ORS 430.735 to 430.768 and these rules.

(5) Minors, who are persons under the age of 18 years old and not considered emancipated, may not be named as an accused person in an abuse investigation conducted under these rules.

(6) Alleged abuse of young adults who are 18 through 20 years old who are receiving 24-hour residential services from a facility licensed by the Department for children with developmental disabilities or certified as a child foster home, shall be immediately reported to the Department’s child abuse reporting hotline for possible action under other Department rules.

(7) Complaints of alleged abuse of adults while:

(a) A student of an educational provider and the accused person is a school employee, contractor, agent, or volunteer of the student’s educational provider shall be reported to OTIS for possible investigation under these rules; or

(b) A patient at the Oregon State Hospital shall be reported to OTIS for possible action under OAR chapter 419, division 120.

History

• Statutory/Other Authority: ORS 409.050, 430.731 & 409.010
• Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.465, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768
• OTIS 79-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0250, filed 12/01/2023, effective 12/01/2023
• DHSD 8-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018
• DHSD 9-2011, f. 12-1-11, cert. ef. 12-5-11
• DHSD 4-2010, f. & cert. ef. 6-29-10
• DHSD 3-2009, f. & cert. ef. 5-1-09
• Renumbered from 410-009-0050, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07
• Renumbered from 309-040-0200, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04
• MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94

Or. Admin. R. 419-100-0010 Definitions

In addition to the definitions in ORS 430.735, the following terms are defined as used in OAR chapter 419, division 100.

(1) “Abuse” means as defined in ORS 430.735.

(2) “Abuse Investigation and Protective Services Report” means a written report completed under these rules.

(3) “Accused Person” or “Accused Provider” (AP, formerly known as alleged perpetrator) means:

(a) A person, caregiver, facility or service provider who is the respondent in an abuse investigation under these rules, alleged or determined to have committed abuse of an adult.

(b) "Accused person" does not include:

(A) Minors, who are persons under the age of 18 years old and not considered emancipated.

(B) A person who also qualifies as:¶

(i) An "adult" with a developmental disability as defined under ORS 430.735 (2)(a); or

(ii) Another individual who is receiving residential services from the same facility as the alleged victim.

(c) The exceptions of (b) (B) above do not apply if such accused person is a paid caregiver or service provider for the adult alleged or determined to have been abused.

(4) “Administrative closure” means an assigned abuse allegation that is approved to be closed without further investigation due to being opened in error.

(5) “Adult” as defined in ORS 430.735 and used in OAR chapter 419, division 100 means an individual who is 18 years of age or older with a developmental disability who is:

(a) Currently receiving services from a community program or facility; or

(b) Was previously determined eligible for services as an adult by a community program or facility; and

(c) Is the reported or alleged victim of abuse.

(6) “Adult protective services” means as defined in ORS 430.735 the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts and to safeguard the adult’s person, property and funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

(7) “Brokerage” or “Support service brokerage” means an entity or distinct operating unit within an existing entity that performs the functions associated with planning and implementation of services for an individual with intellectual or developmental disabilities.

(8) “Caregiver” means as defined in ORS 430.735 an individual, whether paid or unpaid, or facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.

(9) “Closed without abuse determination” means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so the investigation cannot be completed.

(10) “Community program” as defined in ORS 430.735 includes:

(a) A community mental health program or a community developmental disabilities program as established in ORS 430.610 to 430.695; or

(b) A provider that is paid directly or indirectly by the Oregon Health Authority to provide mental health treatment in the community.

(11) “Designee” means the community mental health or developmental disabilities program. A community developmental disability program is considered a designee of the Department for the purposes of these rules and ORS 430.731 and 430.735 to 430.765.

(12) “Department” means the Oregon Department of Human Services (ODHS).

(13) “Educational provider” means an education provider, as defined in ORS 339.370.

(14) “Educational provider’s licensed administrator” also known as “chief administrator" means the person designated by the educational provider’s policies adopted under ORS 339.372 as amended by Section 3 of 2019 SB 155 to receive complaints involving their school employees, contractors, agents, or volunteers. and includes an alternate licensed administrator, if the designee is the accused person.

(15) “Exception for religious practice” means an adult who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone not be considered subjected to abuse under ORS 430.735 to 430.765.

(16) “Facility” means as defined in ORS 430.735 a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.

(17) “Good cause” for an extension means:

(a) When law enforcement is conducting an investigation or in process of prosecution;

(b) A material party or witness is temporarily unavailable; or

(c) New evidence is discovered that leads to additional alleged abuses being investigated (allegations).

(18) “Investigator” means an OTIS employee or CDDP designee who is authorized and receives OTIS approved training to screen reports or complaints of abuse, assess protective services and investigate alleged abuse (allegations) of adults with developmental disabilities under these rules.

(19) “Law enforcement agency” or LEA means:

(a) Any city or municipal police department,

(b) A police department established by a university under ORS 352.121 or 353.125,

(c) Any county sheriff’s office,

(d) The Oregon State Police, or

(e) Any district attorney.

(20) “Not substantiated” means there is less than a preponderance of evidence to show that abuse occurred.

(21) “Office of Training, Investigations and Safety” or OTIS means the unit within the Department’s Shared Services.

(22) “Provider agency” means an entity licensed, certified or authorized by the Department to provide developmental disability services or which is responsible for the management of developmental disability services.

(23) “Redacted” means information deemed confidential under state or federal laws that are excluded from public record release.

(24) “Self-defense” as defined in ORS 430.768 and used in OAR 419-100-0080 (6) means the use of physical force upon another person in self-defense or to defend a third person.

(25) “Services” as defined in ORS 430.735 includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an adult.

(26) “State Hospital" as described in ORS 426.010 means the Oregon State Hospital campuses in Salem and in Junction City for persons with mental illness for care and treatment.

(27) “Substantiated” means that the preponderance of evidence establishes the abuse occurred.

(28) “Unbiased investigation” means an investigation conducted by an investigator that does not have an actual or potential conflict of interest with the outcome.

(29) “Wrongful restraint” does not include physical emergency restraint to prevent immediate injury to an adult who is in danger of physically harming himself or herself or others, provided only that the degree of force reasonably necessary for protection is used for the least amount of time necessary.

History

• Statutory/Other Authority: ORS 409.050, 409.010 & 430.731
• Statutes/Other Implemented: ORS 430.735 - 430.765, 443.400 - 443.465, 443.705 - 443.825, 443.875, 430.731, 430.662, 430.768 & 410.600
• OTIS 5-2026, amend filed 07/08/2026, effective 07/08/2026
• OTIS 59-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 80-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0260, filed 12/01/2023, effective 12/01/2023
• DHS 25-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 22-2020, minor correction filed 10/07/2020, effective 10/07/2020
• DHSD 21-2020, amend filed 09/29/2020, effective 10/01/2020
• DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 30-2019, minor correction filed 12/06/2019, effective 12/06/2019
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018
• DHSD 3-2016, f. & cert. ef. 2-3-16
• DHSD 9-2011, f. 12-1-11, cert. ef. 12-5-11
• DHSD 11-2010, f. 12-30-10, cert. ef. 1-1-11
• DHSD 7-2010(Temp), f. & cert. ef. 8-5-10 thru 1-31-11
• DHSD 4-2010, f. & cert. ef. 6-29-10
• DHSD 12-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-29-10
• DHSD 3-2009, f. & cert. ef. 5-1-09
• Renumbered from 410-009-0060, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07
• Renumbered from 309-040-0210, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04
• MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94

Or. Admin. R. 419-100-0020 Training and Qualifications for Individuals Investigating Reports of Alleged Abuse

(1) OTIS shall provide sufficient and timely training and consultation to ensure that the investigator is able to conduct a thorough and unbiased investigation and make a determination about the alleged abuse.

(a) Training shall include initial and continuing education to address initial action on complaints, screening and conducting investigations.

(b) The training and quarterly meetings shall address the cultural and social diversity of Oregon, and focus on the vulnerable populations served and those who provide services, including trauma-informed practices.

(2) Each CDDP shall provide or have an agreement with another CDDP to provide a qualified abuse investigator specialist in accordance to OAR chapter 411, division 320.

(a) The number of employees to be at least in accordance to the current local CDDP contract with the Department.

(b) An employee providing case management services may not serve as the lead investigator in an investigation of alleged abuse of an adult under these rules.

(3) CDDP shall require the designated employee:

(a) Meet the qualifications of an abuse investigator specialist as stated in OAR chapter 411, division 320.

(b) Duties limited to conducting and reporting abuse investigations and protective services assessments for adults.

(c) Participate in training and quarterly meetings.

(d) Demonstrate an understanding of investigative core competencies. Core competencies in the areas of:

(A) Interviewing;

(B) Gathering relevant information through records and site visits;

(C) Weighing the evidence; and

(D) Making abuse determinations.

(4) OTIS employees conducting investigations under OAR chapter 419, division 100 are also required to:

(a) Meet the qualifications of an abuse investigator specialist as stated in OAR chapter 411, division 320;

(b) Participate in the training and quarterly meetings provided investigators; and

(c) Demonstrate an understanding of investigative core competencies. Core competencies in the areas of:

(A) Interviewing;

(B) Gathering relevant information through records and site visits;

(C) Weighing the evidence; and

(D) Making abuse determinations.

History

• Statutory/Other Authority: ORS 409.050, 430.731 & 409.010
• Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.460, 443.705–443.825, 430.768, 430.731, 430.662 & 443.875
• OTIS 81-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0280, filed 12/01/2023, effective 12/01/2023
• DHSD 9-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018
• DHSD 9-2011, f. 12-1-11, cert. ef. 12-5-11
• DHSD 4-2010, f. & cert. ef. 6-29-10
• DHSD 3-2009, f. & cert. ef. 5-1-09
• Renumbered from 410-009-0080, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07
• OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04

Or. Admin. R. 419-100-0030 Initial Action on Complaints of Alleged Abuse

(1) OTIS or CDDP receiving a complaint alleging abuse shall document the reported information required by ORS 430.743 and any additional information reported. OTIS or CDDP shall attempt to elicit the following information from the reporter:

(a) The name, age and present location of the allegedly abused adult;

(b) The names and addresses of the persons, programs or facilities responsible for the adult’s care;

(c) The nature and extent of the alleged abuse, including any evidence of previous abuse;

(d) Any information that led the reporter to suspect abuse had occurred;

(e) Any information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP; and

(f) The date of the incident.

(2) If there is reason to believe a crime has been committed, the investigator shall immediately within one business day notify the law enforcement agency having jurisdiction within the county where the report was made.

(a) The investigator shall follow-up with law enforcement if it was reported a police report was filed to ensure the suspected crime or alleged abuse was reported; and

(b) Obtain copies of any law enforcement reports.

(3) The investigator shall notify the appropriate medical examiner in cases when there is reasonable cause to believe that an adult has died as a result of abuse.

(4) If OTIS receives the initial complaint, OTIS shall gather the information as detailed in section (1) and within one business day begin to:

(a) Screen the complaint for possible OTIS investigation if it involves an educational provider, the state hospital, a state-operated residential treatment facility or a state-operated residential training home; or

(b) Transfer the information to the local CDDP or CMHP investigator for screening, assessment of protective services and investigation if required.

(5) Upon receipt of a complaint of alleged abuse, the investigator shall immediately, within one business day, begin to:

(a) Screen the complaint to determine whether an abuse investigation is required per OAR 419-100-0040;

(b) Determine whether the alleged victim sustained any serious injury; and.

(c) Assess the need for protective services per OAR 419-100-0050.

(6) The CDDP shall immediately, but no later than one business day of receiving the complaint, notify ODHS it has received a report of abuse and if the reported victim has sustained any serious injury, in the format provided by the Department’s Office of Developmental Disabilities Services (ODDS).

(7) Upon receipt of a complaint of alleged abuse, the investigator shall notify:

(a) The case manager of the agency providing primary case management services to the adult; and

(b) The guardian of the adult (if applicable).

(c) Unless the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse.

(8) OTIS and CDDP shall maintain all reports of abuse in a confidential location.

(9) Each CDDP shall establish an after-hours reporting system.

History

• Statutory/Other Authority: 409.050, ORS 409.010 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, 430.662, 443.875, 430.768, 443.400 - 443.465, 443.705 - 443.825 & 430.735 - 430.765
• OTIS 82-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0285, filed 12/01/2023, effective 12/01/2023
• DHS 26-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 10-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, adopt filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018

Or. Admin. R. 419-100-0040 Screening Activities and Initial Notices

(1) Screening is the process used by an investigator to gather and assess information in order to determine the responses and whether the complaint meets the definition of abuse and there is reasonable cause to believe the abuse of an adult requires investigation as stated in these rules.

(a) The investigator shall document screening activities completed and the information supporting the decision to either assign an abuse investigation or close the complaint at screening.

(b) The investigator shall assure initial notifications, referrals and required cross-reporting are completed.

(c) OTIS or CDDP shall have a protocol to track the outcome of every screening to ensure completion.

(2) The CDDP may request OTIS screen a complaint of alleged abuse for instances where there is a potential conflict of interest, as an investigation may need to be conducted under OAR 419-100-0110 (2)(a).

(a) Requests shall be made to an OTIS coordinator or OTIS manager, and

(b) Be in writing in the format provided by OTIS.

(3) OTIS Investigation Unit Responsibilities.

(a) OTIS shall screen all complaints of alleged abuse for possible abuse investigation involving adults:

(A) When the primary association between the alleged victim and the accused person is due to their role as an educational provider’s school employee, agent, contractor, or volunteer; or

(B) While receiving services in a State hospital, Authority-operated residential treatment facility or home or Department-operated residential training homes.

(b) Upon screening, OTIS may determine a CDDP designee shall conduct the investigation per OAR 419-100-0110.

(c) OTIS shall notify the adult’s CDDP of screening determinations of this rule or OAR 419-100-0110.

(d) OTIS shall notify the licensed administrator of screening determinations for allegations received involving the educational provider’s school employee, contractor, agent, or volunteer.

(4) A screening determination shall be made by the end of the third business day after receiving the alleged abuse complaint.

(a) The investigator shall consult with an OTIS coordinator or OTIS manager if a screening decision is not made after three business days.

(b) An OTIS coordinator or OTIS manager may grant a screening extension if law enforcement has been contacted for a criminal investigation of the alleged abuse incident. The investigator shall document:

(A) The name of the law enforcement agency, assigned case number and crime being investigated;

(B) The plan for follow-up contacts with the law enforcement agency; and

(C) The approval of an OTIS coordinator or OTIS manager.

(5) When a law enforcement agency is conducting a criminal investigation of the alleged abuse:

(a) OTIS or CDDP need not conduct its own investigation of the same incident.

(b) OTIS or CDDP may also perform its own investigation as long as it does not interfere with the law enforcement agency investigation. Circumstances that indicate a need for the OTIS or CDDP to conduct their own investigation:

(A) There is potential for action by a licensing or certifying agency;

(B) Timely investigation by law enforcement is not probable; or

(C) The law enforcement agency does not complete a criminal investigation.

(c) When a law enforcement agency is conducting an investigation of the alleged abuse and a screening extension has been granted by OTIS, the investigator shall communicate and cooperate with the law enforcement agency. The investigator shall ensure regular and timely follow-up with the law enforcement agency related to:

(A) The status of the criminal investigation,

(B) Explanation for no criminal investigation or suspension of a criminal investigation, and

(C) Any actions taken by the district attorney.

(6) If after screening, it is determined the complaint meets the criteria for an investigation per (1), an investigator will be assigned and promptly begin an investigation.

(7) If the investigator determines that there is reasonable cause to believe that abuse occurred at a facility, the investigator shall immediately, within one business day of this screening determination, notify the appropriate licensing agency. The notification shall provide the case number, identify the investigator and provide information regarding how the assigned investigator may be contacted.

(8) The investigator shall also notify relevant ODDS units of complaints of abuse received and opened for investigation involving APs who are:

(a) Employees of department-operated residential training homes; or

(b) Independent Providers as defined in OAR 411, chapter 375, which includes Personal Support Workers.

(9) Within three business days of a screening decision, the investigator shall:

(a) Provide the screening decision to (if applicable):

(A) The primary case management entity, such as the Service Coordinator or Personal Agent;

(B) The guardian; and

(C) The involved facility or community program.

(b) If a complaint of alleged abuse has been assigned for investigation, the screening decision shall provide the case number, identify the investigator and provide information regarding how the assigned investigator may be contacted.

(c) The notification to the guardian or case manager may be delayed if the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse.

(10) The investigator shall document how and when notifications were provided and maintain a record of all notices.

History

• Statutory/Other Authority: ORS 409.010, ORS 409.050 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, 430.662, 443.875, 430.768, 443.400 - 443.465, 443.705 - 443.825 & 430.735 - 430.765
• OTIS 83-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0291, filed 12/01/2023, effective 12/01/2023
• DHSD 11-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 31-2019, minor correction filed 12/06/2019, effective 12/06/2019
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, adopt filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018

Or. Admin. R. 419-100-0050 Assessment for and Provision of Protective Services to the Adult

(1) The investigator shall ensure that appropriate and necessary adult protective services are offered to prevent further abuse. Any protective services provided shall be undertaken in a manner that is least intrusive to the adult and provide for the greatest degree of independence available within existing resources.

(2) An attempt at initial contact with the adult by the end of the next business day of receiving the complaint of alleged abuse shall occur as part of assessing adult protective service needs, determining if the adult is in danger or in need of immediate protective services.

(a) Initial contact as it relates to this section:

(A) Shall be conducted using the least intrusive communication methods available; and

(B) May be conducted by an investigator or the case manager, such as the service coordinator, personal agent or community mental health program.

(b) The investigator may confer with the case management entity prior to completing the initial contact with the adult.

(c) The OTIS investigator shall confer with:

(A) The Oregon Health Authority (OHA) or the Department’s ODDS on protective services for adults receiving care and services from a state hospital or state-operated facility; or

(B) The licensed administrator for an educational provider when the alleged abuse occurred by their school employee, contractor, agent, or volunteer.

(d) If the investigator or case manager is unable to gain access to the adult, the investigator or case manager may contact the local law enforcement agency for assistance.

(e) If the adult has a guardian, the investigator may request the case manager notify the guardian, unless the guardian is the AP, per OAR 419-100-0030.

(3) The assessment for the provision of protective services may include:

(a) Arranging for the immediate protection of the adult;

(b) Contacting the adult to assess his or her ability to protect his or her own interest or give informed consent;

(c) Determining the ability of the adult to understand the nature of the protective service and his or her willingness to accept services;

(d) Coordinating evaluations to determine or verify the adult’s physical and mental status, if necessary;

(e) Assisting in and arranging for appropriate services and alternative living arrangements;

(f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse;

(g) Providing advocacy to assure the adult’s rights and entitlements are protected; and

(h) Consulting with the facility, community program, brokerage, service provider, guardian or others as appropriate in developing recommendations and a determination of whether protective services are needed to prevent further abuse.

(4) The investigator and case manager may share confidential information appropriate or necessary for the health, safety and best interests of the adult in need of protection, prior to the completion of the abuse investigation and protective services report if the information is necessary for the provision of protective services.

(5) The investigator shall document the protective services assessment and provisions, including those needed, offered and declined, in the format provided by OTIS to be maintained as part of the complaint of abuse record. The assessment is considered confidential client information.

History

• Statutory/Other Authority: ORS 430.731, 409.050 & 409.010
• Statutes/Other Implemented: ORS 430.731, ORS 430.662, 430.735 - 430.765, 430.768, 443.705 - 443.825, 443.875 & 443.400 - 443.465
• OTIS 84-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0295, filed 12/01/2023, effective 12/01/2023
• DHSD 12-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, adopt filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018

Or. Admin. R. 419-100-0060 Death Reporting

(1) Effective November 1, 2019, DD case management entities for adults enrolled in community developmental disabilities programs or support service brokerages are required to notify their local DD abuse investigator of all the deaths of adults receiving case management services within one business day of being informed of the death per ODDS policy and in the format required by ODDS or OTIS.

(2) If the investigator or law enforcement reported a death to the medical examiner in cases where there was reasonable cause to believe that an adult has died as a result of abuse, an abuse investigation shall be immediately opened per OAR 419-100-0070. Notifications shall occur in the same manner as all allegations of alleged abuse, outlined in OAR 419-100-0040.

History

• Statutory/Other Authority: ORS 409.010, 409.050, ORS 430.731 & 430.662
• Statutes/Other Implemented: ORS 430.731, 443.875, 430.768, 443.400 - 443.465, 443.705 - 443.825 & ORS 430.735 - 430.765
• OTIS 85-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0298, filed 12/01/2023, effective 12/01/2023
• DHSD 13-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 29-2019, amend filed 11/15/2019, effective 11/15/2019
• DHSD 17-2019, temporary amend filed 09/25/2019, effective 11/01/2019 through 04/28/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, adopt filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018

Or. Admin. R. 419-100-0070 Investigation of Alleged Abuse

(1) Investigation of alleged abuse shall be thorough and unbiased.

(a) CDDP may not investigate alleged abuse made against employees of the same CDDP.

(b) Investigations of CDDP staff shall be conducted by OTIS or another CDDP not subject to an actual or potential conflict of interest.

(2) In conducting an abuse investigation, the investigator shall attempt and, when possible, complete the following:

(a) Make in-person contact with the adult;

(b) Interview the adult, witnesses, the AP and other individuals who may have knowledge of the facts of the alleged abuse or related circumstances.

(A) Interviews shall be conducted in-person where practicable.

(B) For any person who needs an accommodation for the interview, such as language translation or other reasonable accommodation, the investigator shall note the information in the investigation report.

(C) The investigator shall ask the date of birth for each individual interviewed and shall obtain the date of birth of any AP.

(D) The investigator shall ask the AP if they are a ODHS or OHA employee or volunteer, and document the response as part of the investigation interview information. If affirmed, the investigator shall give the AP the ODHS-OHA form letter that outlines their required obligation to notify ODHS-OHA Human Resources.

(E) The investigator shall document any relevant investigative interviews that did not occur, efforts made and the reason for no interview.

(F) The investigator shall make at least three attempts to contact the AP for an investigative interview when no response to an interview request occurs. At least one attempt shall be made by phone to the last known number and one by mail to the last known address.

(c) Review all records or evidence relevant and material to the complaint; and

(d) Photograph the adult’s injuries consistent with trained guidelines, or arrange for the adult to be photographed, to preserve evidence of the condition of the alleged victim at the time of investigation, unless the adult knowingly refuses to be photographed.

(3) The investigator may enter a facility and inspect and copy records of a facility or community program if necessary for the completion of the investigation. A community program or facility shall provide the investigator access to employees, the adult and the premises for investigation purposes.

(a) Any relevant record used in an investigative interview shall be noted in the respective witness statement; and

(b) The relevant record shall be included as a supporting document in the submitted investigation report.

(4) OTIS approval to close any abuse investigation opened under these rules by the CDDP is required.

(5) Any variance from the investigative processes in this rule shall be staffed and approved by OTIS. The reason for the variance and the name of the OTIS coordinator or OTIS manager who approved the variance shall be documented clearly in the investigative report.

(6) If the investigator believes an allegation meets the conditions to be considered closed without an abuse determination or as an administrative closure, then OTIS approval to close shall be obtained.

(a) Investigative efforts and information obtained as described in sections (2) and (6) of this rule shall be documented in the written report submitted for OTIS approval to close.

(b) The investigator is responsible for informing persons or entities who were notified of the opened investigation per OAR 419-100-0040, the allegation has been approved to close without an abuse determination or as an administrative closure.

(c) If the investigator informed the AP of the investigation being opened, then the investigator shall inform the AP the allegation has been closed without an abuse determination or as an administrative closure.

History

• Statutory/Other Authority: ORS 409.050, 430.731 & 409.010
• Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.465, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768
• OTIS 5-2026, amend filed 07/08/2026, effective 07/08/2026
• OTIS 86-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0300, filed 12/01/2023, effective 12/01/2023
• DHS 27-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 14-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018
• DHSD 4-2010, f. & cert. ef. 6-29-10
• DHSD 3-2009, f. & cert. ef. 5-1-09
• Renumbered from 410-009-0100, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07
• Renumbered from 309-040-0240, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04
• MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94

Or. Admin. R. 419-100-0080 Abuse Investigation and Protective Services Report

(1) The investigator is required to follow the abuse investigation and protective services assessment report formats provided by OTIS.

(2) Within 55 calendar days of receiving the complaint alleging abuse, a completed abuse investigation and protective services report shall be submitted by the investigator to OTIS for approval to close. The report shall include:

(a) A separate statement of the alleged abuse for each allegation investigated;

(b) A list of protective services assessed, offered or provided and determined as needed to the adult;

(c) A list of all witnesses interviewed and a summary of the relevant information provided by each witness;

(d) Relevant records obtained;

(e) A summary of findings and conclusion concerning each alleged abuse allegation;

(f) A specific finding of substantiated or not substantiated for each alleged abuse allegation investigated except those allegations approved to be closed without abuse determination;

(g) Any recommended actions and a determination of whether protective services are needed of the CDDP, brokerage, service provider agency or facility with the timelines for completing these actions;

(h) A list of any notices made to licensing or certifying agencies;

(i) The name and title of the investigator completing the report;

(j) The name and title of the OTIS coordinator or OTIS manager who reviewed the report; and

(k) The date the report is submitted to OTIS for approval.

(3) In cases where the investigator cannot complete an investigation within 55 calendar days and for good cause, the investigator may submit a request for an extension of time to OTIS. When granting an extension, OTIS may consult with the investigator about the need for an extension.

(4) Within 5 calendar days of receiving a completed abuse investigation and protective services report, the OTIS coordinator or OTIS manager shall review the report and:

(a) Approve for closure, or

(b) Work with the investigator to obtain necessary information or corrections so the report can be approved to close.

(5) OTIS shall distribute copies of confidential abuse investigation reports.

(6) OTIS investigations for alleged abuse at Department-operated residential training homes shall also address in the written report:

(a) Whether the AP made a claim of self-defense during the investigation; and

(b) A finding whether the AP was acting in self-defense.

(c) In making this finding, the investigator shall find the allegation not substantiated when:

(A) The AP was acting in self-defense in response to the use or imminent use of physical force;

(B) The amount of force used was reasonably necessary to protect the AP from violence or assault; and

(C) The AP used the least restrictive procedures necessary under the circumstances in accordance with an approved behavior management plan or other method of response approved by the Department by rule.

History

• Statutory/Other Authority: ORS 409.050, 430.731 & 409.010
• Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.460, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768
• OTIS 87-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0320, filed 12/01/2023, effective 12/01/2023
• DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022
• DHSD 15-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018
• DHSD 9-2011, f. 12-1-11, cert. ef. 12-5-11
• DHSD 4-2010, f. & cert. ef. 6-29-10
• DHSD 3-2009, f. & cert. ef. 5-1-09
• Renumbered from 410-009-0120, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07
• Renumbered from 309-040-0260, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04
• MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94

Or. Admin. R. 419-100-0090 Notifications at the Conclusion of an Investigation

(1) After an abuse determination is made and the abuse investigation report has been approved to close, OTIS shall make and document the notifications described in this rule. OTIS shall notify the AP as provided in this section:

(a) When a report is determined to be not substantiated under these rules, OTIS shall provide written notice to the AP.

(b) When a report is determined to be substantiated under these rules, OTIS shall send a Notice of Abuse Determination to the AP as provided in this subsection:

(A) The Notice of Abuse Determination with a copy of the redacted abuse investigation report shall be sent to the AP by all of the following:

(i) Regular mail.

(ii) Certified mail with return receipt requested.

(iii) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(B) The Notice of Abuse Determination shall include the information described in OAR 137-003-0505(1) and (2)(a) and ORS 183.415.

(2) If applicable, OTIS shall provide notifications to appropriate personnel within:

(a) The Department involving facilities, community programs, and service providers licensed or certified by the Department;

(b) The Authority involving facilities, community programs, and service providers licensed or certified by the Authority;

(c) ODHS/OHA Human Resources for APs who are state employees;

(d) The facility, provider agency, community program if they employ the AP;

(e) The alleged victim’s case management entity (community program or brokerage);

(f) The alleged victim’s guardian; and

(g) The licensed administrator for the educational provider if the accused person is a school employee, contractor, agent, or volunteer.

(3) The investigator shall provide a copy of any protective services and recommended actions to the appropriate case management entity and provider.

(4) The investigator may assure that the abuse finding is provided to the alleged victim and guardian (if applicable) with a trauma-informed approach by the adult’s primary case manager, such as the service coordinator or personal agent as part of protective services follow-up.

(5) OTIS shall provide a redacted report to the alleged victim’s case management entity (community program or brokerage) and the facility that oversees the AV's residential services (if applicable).

History

• Statutory/Other Authority: ORS 409.010, 409.050 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, 430.662, 443.875, 430.768, 443.400 - 443.465, 443.705 - 443.825 & 430.735 - 430.765
• OTIS 88-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0325, filed 12/01/2023, effective 12/01/2023
• DHS 28-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 16-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, adopt filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018

Or. Admin. R. 419-100-0100 Disclosure of the Abuse Investigation and Protective Services Report and Related Documents

(1) Portions of the abuse investigation and protective services report and underlying investigatory documents are confidential and are not available for public inspection.

(a) Pursuant to ORS 430.763, names of abuse reporters, witnesses and the adult, as well as photographs of the adult are confidential and may not be available for public inspection.

(b) Investigatory documents, including portions of the abuse investigation and protective services report that contains “individually identifiable health information,” as defined under ORS 192.556(6) and 45 CFR160.103, are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, and ORS 192.553 through 192.581 and 179.505 to 179.509.

(2) Notwithstanding section (1) of this rule, the Department shall make this confidential information and any investigative report available, including any photographs if appropriate, in accordance to ORS 430.763.

(3) Individuals or entities receiving confidential information pursuant to this rule shall maintain the confidentiality of the information and may not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law.

(4) The Department shall provide a redacted version of the written report to the public for inspection upon written request. Public record requests for written reports with substantiated abuse findings may not be released until after a Department Final Order is issued following opportunity for a contested case hearing.

(5) A centralized record of all abuse complaints, investigations and protective services reports shall be maintained by the Department, in accordance to ORS 430.757.

History

• Statutory/Other Authority: ORS 409.050, 430.731 & 409.010
• Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.465, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768
• OTIS 89-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0330, filed 12/01/2023, effective 12/01/2023
• DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022
• DHSD 17-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 29-2019, amend filed 11/15/2019, effective 11/15/2019
• DHSD 17-2019, temporary amend filed 09/25/2019, effective 11/01/2019 through 04/28/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018
• DHSD 4-2010, f. & cert. ef. 6-29-10
• DHSD 3-2009, f. & cert. ef. 5-1-09
• Renumbered from 410-009-0130, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07
• Renumbered from 309-040-0270, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04
• MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94

Or. Admin. R. 419-100-0110 Department Investigation of Alleged Abuse

(1) If determined necessary or appropriate, OTIS may conduct an investigation rather than allow the CDDP to investigate the alleged abuse or in addition to the investigation by the CDDP. Under such circumstances, the CDDP shall receive authorization from OTIS before conducting any separate investigation.

(2) OTIS shall conduct all abuse investigations of adults with developmental disability:

(a) Under these rules for adults;

(A) Receiving services in Department-operated residential training homes licensed under ORS 443.400; or

(B) When the primary association between the alleged victim and the accused person is due to their role as an educational provider’s school employee, contractor, agent, or volunteer.

(b) Under OAR chapter 419, division 110 for residents of Authority-operated residential treatment facilities or homes.

(c) Under OAR chapter 419, division 120 for patients of the state hospitals.

(3) OTIS may screen and assign an allegation of abuse involving adults described in section (2), to a CDDP designee to investigate under these rules or to a community mental health program to investigate under OAR chapter 419, division 110.

History

• Statutory/Other Authority: ORS 409.050, 430.731 & 409.010
• Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.465, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768
• OTIS 90-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0360, filed 12/01/2023, effective 12/01/2023
• DHSD 19-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018
• DHSD 4-2010, f. & cert. ef. 6-29-10
• DHSD 3-2009, f. & cert. ef. 5-1-09
• Renumbered from 410-009-0160, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07
• Renumbered from 309-040-0290, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04
• MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94

Or. Admin. R. 419-100-0120 County Multidisciplinary Teams

(1) The CDDP shall participate in its county Multidisciplinary Team (MDT) to coordinate and collaborate on protective services for the abuse of adults with developmental disabilities or mental illness or both.

(2) All confidential information protected by state and federal law that is shared or obtained by MDT members in the exercise of their duties on the MDT is confidential and may not be further disclosed except as permitted by law.

(3) The CDDP designee or OTIS shall provide an annual report to the MDT reporting the number of substantiated allegations of abuse of adults and the number substantiated allegations referred to law enforcement in the county.

History

• Statutory/Other Authority: ORS 409.050, 409.010 & 430.731
• Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.460, 430.662, 430.731 & 443.705–443.825
• OTIS 91-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0370, filed 12/01/2023, effective 12/01/2023
• DHSD 18-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018
• DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018
• DHSD 4-2010, f. & cert. ef. 6-29-10

Division 105 SERIOUS EVENT ASSESSMENTS

Or. Admin. R. 419-105-0000 Death Reporting Reviews for Adults in Developmental Disabilities Services

(1) Effective November 1, 2019, Developmental Disabilities (DD) case management entities for adults enrolled in community developmental disabilities programs or support service brokerages are required to notify their local DD abuse investigator of all the deaths of adults receiving case management services within one business day of being informed of the death per the Department’s Office of Developmental Disabilities Services (ODDS) policy and in the format required by the Department.

(2) Within one business day of being informed of the adult’s death, the investigator shall either:

(a) Immediately inform the Department’s Office of Training, Investigations and Safety (OTIS) for deaths of residents of the Department’s Stabilization and Crisis Units (SACU) and provide any relevant documents received related to the death; or

(b) Begin a death review and inform the Department in the format provided for these serious incident reviews.

(3) The investigator shall complete a death review report using the OTIS provided format within 55 calendar days of receiving the report of the adult’s death.

(a) The investigator may obtain an extension of the due date for good cause by submitting a request in writing to OTIS.

(b) “Good cause” has the meaning given that term in OAR 419-100-0010.

(4) The death review consists of ascertaining if abuse was a factor in the adult's death. This includes but is not limited to:

(a) A review of the adult's DD case management records for at least the past year;

(b) A review of DD service provider records for the adult if services were provided by an ODDS regulated DD service provider, including a review of facility records if the adult received residential services from a licensed setting within 2 years of death;

(c) Any other relevant records; and

(d) Any relevant information provided by individuals contacted related to the death review.

(5) The investigator shall obtain the official cause and manner of death, such as a copy of the adult’s death certificate or medical examiner’s report.

(6) Within 5 calendar days of receiving a completed death review, an OTIS manager or coordinator shall review and either

(a) Approve the death review report for closure; or

(b) Work with the investigator to obtain necessary information or corrections for approval to close.

(c) OTIS shall provide ODDS with the final approved death review report.

(d) OTIS shall provide written notice that the death review has been approved to close to the DD case management entity that reported the death as described in (1).

(7) If at any point the investigator ascertains during the death review that abuse was a factor, OTIS is to be notified within one business day and the death review case shall become an assigned abuse investigation per OAR 419-100-0070. Notifications shall occur per OAR 419-100-0040.

(8) Nothing in this section affects the community program’s duties and responsibilities related to case management following the death of an enrolled adult.

History

• Statutory/Other Authority: ORS 409.010, ORS 430.735, ORS 430.662 & ORS 409.050
• Statutes/Other Implemented: ORS 430.662
• OTIS 92-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0645, filed 12/01/2023, effective 12/01/2023
• DHSD 20-2020, minor correction filed 09/03/2020, effective 09/03/2020
• DHSD 29-2019, adopt filed 11/15/2019, effective 11/15/2019
• DHSD 17-2019, temporary adopt filed 09/25/2019, effective 11/01/2019 through 04/28/2020

Division 110 ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES

Or. Admin. R. 419-110-0000 Purpose and Scope

(1) Effective 07/01/2019, these rules, OAR chapter 419, division 110, prescribe the standards and procedures for the investigation of reported abuse, and the assessment for and provision of protective services for adults:

(a) With a severe and persistent mental illness while in mental health treatment from a community program; or

(b) While receiving services for mental illness in a facility.

(2) The Department’s Office of Training, Investigations and Safety (OTIS) has the duties, functions and powers of training, coordinating, assisting, directing and approving the services provided by the community mental health programs (CMHP) related to these rules. OTIS is responsible to ensure investigations are conducted in a uniform, objective and thorough manner.

(3) For the purpose of carrying out these rules, OAR chapter 419, division 110, community mental health programs are Department designees as used in ORS 430.731 and 430.735 through 430.765.

(4) OTIS or CMHP shall receive all reports of alleged abuse, assess the need for protective services and conduct thorough and unbiased investigations to make findings as required by ORS 430.735 to 430.768 and these rules.

(5) These rules ensure affording safety and protection assessments to adults with mental illness upon receipt of a complaint of abuse, while balancing the duty of the Department and community mental health program designees to investigate alleged abuses within services. Therefore investigations of alleged abuse are limited to incidents involving:

(a) Residents receiving services at facilities; or

(b) Adults with severe and persistent mental illness while receiving mental health treatment from a community program and the accused is either:

(A) A mental health treatment service provider; or

(B) A caregiver for the adult.

(6) Minors, who are persons under the age of 18 years old and not considered emancipated, may not be named as an accused person (AP) in an abuse investigation conducted under these rules, OAR chapter 419, division 110.

(7) Complaints of alleged abuse of adults while a patient at the Oregon State Hospital shall be reported to OTIS for possible action under OAR chapter 419, division 120.

History

• Statutory/Other Authority: ORS 409.050, 409.010, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825 & 413.036
• OTIS 93-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0120, filed 12/01/2023, effective 12/01/2023
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0010 Definitions

In addition to the definitions in ORS 430.735, the following terms are defined as used in OAR chapter 419, division 110.

(1) “Abuse” means as defined in ORS 430.735.

(2) “Abuse Investigation and Protective Services Report” means a written report completed under these rules (OAR chapter 419, division 110).

(3) “Accused Person” or “Accused Provider” (AP formerly known as “Alleged Perpetrator”) means a person, caregiver, facility or service provider who is the respondent in an abuse investigation under these rules, alleged or determined to have committed abuse of an adult.

(4) “Administrative closure” means an assigned abuse allegation that is approved to be closed without further investigation due to being opened in error.

(5) “Adult” as defined in ORS 430.735 and used in OAR chapter 419, division 110 means an individual who is 18 years of age or older:

(a) With a severe and persistent mental illness and is receiving mental health treatment from a community program; or

(b) Who is receiving services for a mental illness in a facility; and

(c) Is the reported or alleged victim of abuse.

(6) “Adult protective services” as defined in ORS 430.735 means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts, and to safeguard the adult’s person, property, or funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

(7) “Authority” means the Oregon Health Authority (OHA).

(8) “Caregiver” as defined in ORS 430.735 means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.

(9) “Closed without abuse determination” means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so that the investigation cannot be completed.

(10) “Community program” as defined in ORS 430.735 includes:

(a) A community mental health program (CMHP) or a community developmental disabilities program (CDDP) as established in ORS 430.610 to 430.695.

(b) A provider that is paid directly or indirectly by the Oregon Health Authority to provide mental health treatment in the community.

(11) “Designee” means the community mental health or developmental disabilities program. A community mental health program is considered a designee of the Department for the purposes of these rules and ORS 430.731 to 430.765.

(12) “Department” means the Oregon Department of Human Services (ODHS).

(13) “Exception for religious practice” as described in ORS 430.765 means an adult who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner shall for this reason alone not be considered subjected to abuse under ORS 430.735 to 430.765.

(14) “Facility” as defined in ORS 430.735 means a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.

(15) “Good cause” for an extension means:

(a) When law enforcement is conducting an investigation or in process of prosecution;

(b) A material party or witness is temporarily unavailable; or

(c) New evidence is discovered that leads to additional alleged abuses being investigated (allegations).

(16) “Intimidation” as defined in ORS 430.735 means compelling or deterring conduct by threat.

(17) “Investigator” means an OTIS employee or community mental health program designee who is authorized and receives OTIS approved training to screen complaints of abuse, assess protective services and investigate alleged abuse (allegations) under these rules.

(18) “Law enforcement agency” (LEA) as defined in ORS 430.735 means:

(a) Any city or municipal police department;

(b) A police department established by a university under ORS 352.121 or 353.125;

(c) Any county sheriff’s office;

(d) The Oregon State Police; or

(e) Any district attorney

(19) “Not substantiated” means there is less than a preponderance of evidence to show that abuse occurred.

(20) “Office of Training, Investigations and Safety" (OTIS) means the unit within the Oregon Department of Human Services Shared Services.

(21) “Provider” means a person or entity:

(a) Licensed by the Department or Authority to provide residential services for mental illness in a facility; or

(b) Certified by or contracted with the Authority to provide mental health treatment services.

(22) “Redacted” means information deemed confidential under state or federal laws that are excluded from public record release.

(23) “Self-defense” as defined on ORS 430.768 and used in OAR 419-110-0080, means the use of physical force upon another person in self-defense or to defend a third person.

(24) “Services” as defined in ORS 430.735 includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other services essential to the well-being of the adult.

(25) “Severe and persistent mental illness” or “SPMI” (also known as serious and persistent mental illness) means the current Diagnostic Statistical Manual of Mental Disorders diagnostic criteria for:

(a) At least one of the following conditions as a primary diagnosis for an adult age 18 or older:

(A) Schizophrenia and other psychotic disorders;

(B) Major depressive disorder;

(C) Bipolar disorder;

(D) Obsessive Compulsive Disorder (OCD);

(E) Post Traumatic Stress Disorder (PTSD);

(F) Schizotypal personality disorder; or

(G) Borderline personality disorder.

(b) For purpose of mandatory abuse reporting of an adult with SPMI and ORS 430.765, the adult with SPMI shall also have a serious functional impairment that currently substantially interferes with or limits their ability to protect themselves from abuse as documented by their health record or other credible evidence. These additional requirements do not apply to other chapters of the Oregon Administrative Rules that address persons with SPMI in Chapters 410 and 309.

(26) "State Hospital" as described in ORS 426.010 means the Oregon State Hospital campuses in Salem and in Junction City for persons with mental illness for care and treatment.

(27) “Substantiated” means that the preponderance of evidence establishes the abuse occurred.

(28) “Unbiased investigation” means an investigation that is conducted by an investigator that does not have an actual or potential conflict of interest with the outcome.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 - 430.695, 430.735 - 430.765, 430.768, 443.400 - 443.465, 443.705 – 443.825 & 413.036
• OTIS 5-2026, amend filed 07/08/2026, effective 07/08/2026
• OTIS 94-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0130, filed 12/01/2023, effective 12/01/2023
• DHS 11-2022, minor correction filed 04/29/2022, effective 04/29/2022
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0020 Training for Individuals Investigating Reports of Alleged Abuse

(1) OTIS shall provide sufficient and timely training and consultation to ensure that the investigator is able to conduct a thorough and unbiased investigation and make a determination about the alleged abuse.

(a) Training shall include initial and continuing education to address initial action on complaints, screening and conducting abuse investigations.

(b) The training and quarterly meetings shall address the cultural and social diversity of Oregon, focus on the vulnerable populations served and those who provide services, and include trauma-informed practices.

(2) Each CMHP shall designate at least one employee to conduct abuse investigations. CMHP shall require the designated employee to participate in training, quarterly meetings and to demonstrate an understanding of investigative core competencies. Core competencies in the areas of:

(a) Interviewing;

(b) Gathering relevant information through records and site visits;

(c) Weighing the evidence; and

(d) Making abuse determinations

(3) OTIS employees conducting investigations under OAR chapter 419, division 110 are also required to participate in the training and quarterly meetings provided investigators and demonstrate an understanding of investigative core competencies. Core competencies in the areas of:

(a) Interviewing;

(b) Gathering relevant information through records and site visits;

(c) Weighing the evidence; and

(d) Making abuse determinations.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & 430.731
• Statutes/Other Implemented: ORS 443.875, 430.731, 443.705 – 443.825, 413.036, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465 & 409.027
• OTIS 95-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0140, filed 12/01/2023, effective 12/01/2023
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0030 Initial Action on Complaints of Alleged Abuse

(1) OTIS or CMHP receiving a complaint alleging abuse shall document the reported information required by ORS 430.743 and any additional information reported. OTIS or CMHP shall attempt to elicit the following information from the reporter:

(a) The name, age and present location of the allegedly abused adult;

(b) The names and addresses of the persons, programs or facilities responsible for the adult’s care;

(c) The nature and extent of the alleged abuse, including any evidence of previous abuse;

(d) Any information that led the reporter to suspect abuse occurred;

(e) Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP; and

(f) The date of the incident.

(2) If there is reason to believe a crime has been committed, the investigator shall immediately within one business day notify the law enforcement agency having jurisdiction within the county where the report was made.

(a) The investigator shall follow-up with law enforcement if it was reported a police report was filed to ensure the suspected crime or alleged abuse was reported; and

(b) Obtain copies of any law enforcement reports.

(3) The investigator shall notify the appropriate medical examiner in cases when there is reasonable cause to believe that an adult has died as a result of abuse.

(4) If OTIS receives the initial complaint, OTIS shall gather the information as detailed in section (1) and within one business day begin to:

(a) Screen the complaint for possible OTIS investigation if it involves a state hospital, state-operated residential treatment facility or state-operated residential training home; or

(b) Transfer the information to the local CMHP or CDDP for screening, assessment of protective services and investigation if required.

(5) Upon receipt of a complaint of alleged abuse, the investigator shall immediately, within one business day, begin to:

(a) Screen the complaint to determine whether an abuse investigation is required per OAR 419-110-0040;

(b) Determine whether the alleged victim sustained any serious injury, and

(c) Assess the need for protective services per OAR 419-110-0050.

(6) Upon receipt of a complaint of alleged abuse, the investigator shall notify:

(a) The case manager of the agency providing primary case management services to the adult; and

(b) The guardian of the adult (if applicable).

(c) Unless the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse.

(7) OTIS and CMHP shall maintain all complaints of alleged abuse in a confidential location.

(8) Each CMHP shall establish an after-hours reporting system.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825 & 413.036
• OTIS 96-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0150, filed 12/01/2023, effective 12/01/2023
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0040 Screening Activities and Initial Notices

(1) Screening is the process used by an investigator to gather and assess information in order to determine the responses and whether the complaint meets the definition of abuse and there is reasonable cause to believe the abuse of an adult requires investigation as stated in these rules, OAR chapter 419, division 110.

(a) The investigator shall document screening activities completed and the information supporting the decision to either assign an abuse investigation or close the complaint at screening.

(b) The investigator shall assure initial notifications, referrals and required cross-reporting are completed.

(c) OTIS or CMHP shall have a protocol to track the outcome of every screening to ensure completion.

(2) The CMHP may request OTIS screen a complaint of alleged abuse for instances where there is a potential conflict of interest, as an investigation may need to be conducted under OAR 419-110-0070 (1)(a).

(a) Requests shall be made to an OTIS coordinator or OTIS manager, and

(b) Be in writing in the format provided by OTIS.

(3) OTIS shall screen all complaints of alleged abuse for possible abuse investigation involving adults receiving services in a state hospital, or state-operated residential facility licensed under ORS 443.400.

(a) Upon screening, OTIS may determine a CMHP designee shall conduct the investigation per OAR 419-110-0110.

(b) OTIS shall notify the adult’s CMHP of screening determinations per this rule or OAR 419-110-0110.

(4) A screening determination shall be made by the end of the third business day after receiving the alleged abuse complaint except as provided in subsection (b).

(a) The investigator shall consult with an OTIS coordinator or OTIS manager if a screening decision is not made after three business days.

(b) An OTIS coordinator or OTIS manager may grant a screening extension if law enforcement has been contacted for a criminal investigation of the alleged abuse incident. The investigator shall document:

(A) The name of the law enforcement agency, assigned case number and crime being investigated;

(B) The plan for follow-up contacts with the law enforcement agency; and

(C) The approval of an OTIS coordinator or OTIS manager.

(5) When a law enforcement agency is conducting a criminal investigation of the alleged abuse:

(a) OTIS or CMHP need not conduct its own investigation of the same incident.

(b) OTIS or CMHP may also perform its own investigation as long as it does not interfere with the law enforcement agency investigation. Circumstances that indicate a need for OTIS or CMHP to conduct their own investigation:

(A) There is potential for action by a licensing or certifying agency;

(B) Timely investigation by law enforcement is not probable; or

(C) The law enforcement agency does not complete a criminal investigation.

(c) When a law enforcement agency is conducting an investigation of the alleged abuse and a screening extension has been granted by OTIS, the investigator shall communicate and cooperate with the law enforcement agency. The investigator shall ensure regular and timely follow-up with the law enforcement agency related to:

(A) The status of the criminal investigation,

(B) Explanation for no criminal investigation or suspension of a criminal investigation, and

(C) Any actions taken by the district attorney.

(6) If after screening, it is determined the complaint meets the criteria for an investigation per OAR 419-110-0040 (1), an investigator will be assigned and promptly begin an investigation.

(a) The CMHP will immediately, within one business day, notify OTIS in the format provided.

(b) OTIS shall notify the CMHP of investigations conducted per OAR 419-110-0040 (2) or 419-110-0110.

(c) OTIS shall notify the ODHS office for licensing a facility or certification of service providers when named as the AP in an investigation under these rules.

(d) OTIS shall notify the Authority’s Behavioral Health Division (BHD) of all investigations opened under these rules.

(7) The notifications described in (6) shall provide the case number, identify the investigator and provide information regarding how the assigned investigator may be contacted.

(8) The OTIS investigator shall also notify relevant ODHS/OHA Human Resources or BHD units of complaints of abuse received and opened for investigation involving APs who are employees of state-operated residential facilities;

(9) Within three business days of a screening decision, the investigator shall:

(a) Provide the screening decision to (if applicable):

(A) The primary case management entity;

(B) The guardian; and

(C) The involved facility or community program.

(b) If a complaint of alleged abuse has been assigned for investigation, the screening decision shall provide the case number, identify the investigator and provide information regarding how the assigned investigator may be contacted.

(c) The notification to the guardian or case manager may be delayed if the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse.

(10) The investigator shall document how and when notifications were provided and maintain a record of all notices.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825 & 413.036
• OTIS 60-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 97-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0160, filed 12/01/2023, effective 12/01/2023
• DHS 17-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHS 12-2022, minor correction filed 04/29/2022, effective 04/29/2022
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0050 Assessment for and Provision of Protective Services to the Adult

(1) The investigator shall ensure that appropriate and necessary adult protective services are offered to prevent further abuse. Any protective services provided shall be undertaken in a manner that is least intrusive to the adult and provide for the greatest degree of independence available within existing resources.

(2) An attempt at initial contact with the adult by the end of the next business day of receiving the complaint of alleged abuse shall occur as part of assessing adult protective service needs, determining if the adult is in danger or in need of immediate protective services.

(a) Initial contact as it relates to this section:

(A) Shall be conducted using the least intrusive communication methods available; and

(B) May be conducted by an investigator or the adult’s community program case manager.

(b) The investigator may confer with the case management entity prior to completing the initial contact with the adult.

(c) The OTIS investigator shall confer with Authority staff on protective services for adults who are alleged victims receiving treatment, care and services from a state hospital or state-operated residential facility.

(d) If the investigator or case manager is unable to gain access to the adult, the investigator or case manager may contact the local law enforcement agency for assistance.

(e) If the adult has a guardian, the investigator or case manager shall immediately notify the guardian, unless the guardian is the AP per OAR 419-110-0030 (6)(c).

(3) The assessment for the provision of adult protective services may include:

(a) Arranging for the immediate protection of the adult;

(b) In-person contact with the adult to assess their ability to protect their own interest or give informed consent;

(c) Determining the adult’s ability to understand the nature of the protective service and their willingness to accept services;

(d) Coordinating evaluations to determine or verify the adult’s physical and mental status, if necessary;

(e) Assisting in and arranging for appropriate services and alternative living arrangements;

(f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse;

(g) Providing advocacy to assure the adult’s rights and entitlements are protected; and

(h) Consulting with the facility, community program, guardian or others as appropriate in developing recommendations and a determination of whether protective services are needed to prevent further abuse.

(4) The investigator and case manager may share confidential information appropriate or necessary for the health, safety and best interests of the adult in need of protection, prior to the completion of the abuse investigation and protective services report if the information is necessary for the provision of protective services.

(5) The investigator shall document the protective services assessment and provisions, including those needed, offered and declined, in the format provided by OTIS to be maintained as part of the complaint record. The assessment is considered confidential client information.

History

• Statutory/Other Authority: ORS 409.050, 413.085, ORS 430.731 & 409.010
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 413.036, 443.875, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825 & 430.610 to 430.695
• OTIS 98-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0170, filed 12/01/2023, effective 12/01/2023
• DHSD 32-2019, minor correction filed 12/06/2019, effective 12/06/2019
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0060 Death Reporting

(1) If the investigator reported a death to the medical examiner in cases where there was reasonable cause to believe that an adult has died as a result of abuse, an abuse investigation shall be immediately opened. Notifications shall occur in the same manner as all allegations of alleged abuse, outlined in OAR 419-110-0040.

(2) CMHP shall notify OTIS of all the deaths of adults with SPMI receiving mental health treatment from a community program or services for mental illness in a facility within one business day of being informed of the adult’s death.

(3) CMHP shall report the death to OTIS via the format developed for death reporting. Upon receipt of the death reporting notice, OTIS shall assign a distinct case number for this special screening review and notify OHA BHD.

(4) The investigator shall complete a death review screening report using the OTIS provided format within 55 calendar days of receiving the report of the adult’s death.

(5) The death review consists of ascertaining if abuse was a factor in the adult's death. This includes but is not limited to:

(a) A review of the adult's CMHP records for at least the past year;

(b) A review of service provider records for the adult if mental health treatment services were provided by a community program contractor;

(c) A review of facility records if the adult received licensed residential services;

(d) Any other relevant records, including but not limited to the police reports; and

(e) Any relevant information provided by individuals contacted related to the death review.

(6) The investigator shall obtain the official cause and manner of death, such as a copy of the adult’s death certificate or medical examiners report.

(7) The investigator may obtain an extension of the due date for good cause by submitting a request in writing to OTIS.

(8) Within 5 calendar days of receiving a completed death review, OTIS shall review and approve for closing. OTIS shall provide OHA BHD with a copy of the report.

(9) If at any point the investigator ascertains during the death review that abuse was a factor, OTIS is to be notified immediately and the death review screening shall become an assigned abuse investigation. Notification shall occur in the same manner as OAR 419-110-0040.

(10) Nothing in this section affects the community program’s duties and responsibilities related to case management following the death of an enrolled adult.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 - 430.695, 430.735 - 430.765, 430.768, 443.400 - 443.465, 443.705 – 443.825 & 413.036
• OTIS 61-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 99-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0180, filed 12/01/2023, effective 12/01/2023
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0070 Investigation of Alleged Abuse

(1) Investigation of alleged abuse shall be thorough and unbiased.

(a) CMHP may not investigate allegations of abuse made against employees of the same CMHP.

(b) Investigations of CMHP staff shall be conducted by OTIS or another CMHP not subject to an actual or potential conflict of interest.

(2) In conducting an abuse investigation, the investigator shall attempt and, when possible, complete the following:

(a) Make in-person contact with the adult;

(b) Interview the adult, witnesses, the AP and other individuals who may have knowledge of the facts of the alleged abuse or related circumstances.

(A) Interviews shall be conducted in-person where practicable.

(B) For any person who needs an accommodation for the interview, such as language translation or other reasonable accommodation, the investigator shall note the information in the investigation report.

(C) The investigator shall ask the date of birth for each individual interviewed and shall obtain the date of birth of any AP.

(D) The investigator shall ask the AP if they are a Department or Authority employee or volunteer and document the response as part of the investigation interview information. If affirmed, the investigator shall give the AP the ODHS/OHA form letter that outlines their required obligation to notify ODHS/OHA Human Resources.

(E) The investigator shall document any relevant investigative interviews that did not occur, efforts made and the reason for no interview.

(F) The investigator shall make at least three attempts to contact the AP for an investigative interview when no response to an interview request occurs. At least one attempt shall be made by phone to the last known number and one by mail to the last known address.

(c) Review all records or evidence relevant and material to the complaint; and

(d) Photograph the adult’s injuries consistent with trained guidelines, or arrange for the adult to be photographed, to preserve evidence of the condition of the alleged victim at the time of investigation, unless the adult knowingly refuses to be photographed.

(3) The investigator may enter a facility and inspect and copy records of a facility or community program if necessary for the completion of the investigation. A community program or facility shall provide the investigator access to employees, the adult and the premises for investigation purposes.

(a) Any relevant record used in an investigative interview shall be noted in the respective witness statement; and

(b) The relevant record shall be included as supporting document in the submitted investigation report.

(4) OTIS approval to close any abuse investigation opened under these rules, OAR chapter 419, division 110, by the CMHP is required.

(5) Any variance from the investigative processes in this rule shall be staffed and approved by OTIS. The reason for the variance and the name of the OTIS coordinator or OTIS manager who approved the variance shall be documented clearly in the investigative report.

(6) If the investigator believes an allegation meets the conditions to be considered closed without an abuse determination or as an administrative closure, then OTIS approval to close shall be obtained.

(a) Investigative efforts and information obtained as described in sections (2) and (6) of this rule shall be documented in the written report submitted for Department approval to close.

(b) The investigator is responsible for informing persons or entities who were notified of the opened investigation per OAR 419-110-0040, the allegation has been approved to close without an abuse determination or as an administrative closure.

(c) If the investigator informed the AP of the investigation being opened, then the investigator shall inform the AP the allegation has been closed without an abuse determination or as an administrative closure.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 - 430.695, 430.735 - 430.765, 430.768, 443.400 - 443.465, 443.705 – 443.825 & 413.036
• OTIS 5-2026, amend filed 07/08/2026, effective 07/08/2026
• OTIS 100-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0190, filed 12/01/2023, effective 12/01/2023
• DHS 18-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0080 Abuse Investigation Report

(1) The investigator is required to follow the abuse investigation and protective services assessment report formats provided by OTIS.

(2) Within 55 calendar days of receiving the complaint alleging abuse, a completed abuse investigation report shall be submitted by the investigator to OTIS for approval to close. The report shall include:

(a) A separate statement of the alleged abuse for each allegation investigated;

(b) The assessment of protective services, including those offered or provided and determined as needed to the adult;

(c) A list of all witnesses interviewed and a summary of the relevant information provided by each witness;

(d) Relevant records obtained;

(e) A summary of findings and a conclusion concerning each alleged abuse allegation;

(f) A specific finding of substantiated or not substantiated for each alleged abuse allegation investigated except those allegations approved to be closed without abuse determination;

(g) Any recommended actions and a determination of whether protective services are needed of the community program or facility with the timelines for completing these actions;

(h) A list of any notices to be made to licensing or certifying agencies;

(i) The name and title of the investigator completing the report;

(j) The name and title of the OTIS coordinator or OTIS manager who reviewed the report; and

(k) The date the report is submitted to OTIS for approval.

(3) In cases where the investigator cannot complete an investigation within 55 calendar days and for good cause, the investigator may submit a request for an extension of time to OTIS. When granting an extension, OTIS may consult with the investigator about the need for an extension.

(4) Within 5 calendar days of receiving a completed abuse investigation and protective services report, the OTIS coordinator or OTIS manager shall review the report and:

(a) Approve for closure, or

(b) Work with the investigator to obtain necessary information or corrections so the report can be approved to close.

(5) The OTIS coordinator or OTIS manager shall list the name and address of entities who are to receive a copy of the confidential investigation report from OTIS. If applicable, OTIS shall distribute copies of confidential abuse investigation reports to:

(a) The Authority’s Behavioral Health Division or the Department’s licensing agency involving their regulated facilities or certified service providers.

(b) A law enforcement agency, if the findings are substantiated and there is reasonable cause to believe a crime occurred.

(c) The public agency that licenses or certifies a facility, if other than (a).

(d) The public agency or board that licenses or certifies the AP practicing therein, if the findings are substantiated and upheld following the contested case process.

(6) OTIS investigations for Authority-operated facilities licensed under ORS 443.400 that are located at State Hospital campuses described in ORS 426.010, shall also address in the written report:

(a) Whether the AP made a claim of self-defense during the investigation; and

(b) A finding whether the AP was acting in self-defense.

(c) In making this finding, the investigator shall find the allegation not substantiated when:

(A) The AP was acting in self-defense in response to the use or imminent use of physical force;

(B) The amount of force used was reasonably necessary to protect the AP from violence or assault; and

(C) The AP used the least restrictive procedures necessary under the circumstances in accordance with an approved behavior management plan or other method of response approved by the Department or Authority by rule.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 413.036, ORS 430.205, 430.735 - 430.765, 430.768, 443.400 - 443.465, 443.705 – 443.825, 443.875, 430.610 - 430.695 & 430.210
• OTIS 62-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 101-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0200, filed 12/01/2023, effective 12/01/2023
• DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0090 Notification of Outcome

(1) After an abuse investigation report has been approved to close under OAR 419-110-0080, OTIS shall notify the AP of the outcome as provided in this section.

(a) OTIS shall provide a written notice of outcome to the AP for allegations determined as not substantiated under these rules.

(b) When an allegation is determined to be substantiated under these rules, OTIS shall send a Notice of Abuse Determination with a copy of the redacted abuse investigation report. The Notice of Abuse Determination shall include the information described in OAR 137-003-0505(1) and (2)(a) and ORS 183.415.

(c) The notices sent to the AP shall be by all of the following:

(A) Regular mail.

(B) Certified mail with return receipt requested.

(C) Alternative methods such as fax or electronic mail, when the respondent has requested an alternate method.

(2) If applicable, OTIS shall provide written notification to appropriate personnel within:

(a) The Authority or Department involving residential facilities, community programs and regulated service providers licensed, certified, endorsed by the Authority or Department;

(b) The facility or community program that employs the AP;

(c) ODHS/OHA Human Resources for APs who are state employees;

(d) The alleged victim’s case management entity (community program or brokerage); and

(e) The alleged victim’s guardian.

(3) The investigator may assure that the abuse finding is provided to the alleged victim by their case manager with a trauma informed approach as part of protective services follow-up.

(4) OTIS shall document the notices provided and maintain a record of all notifications provided in this rule section.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 413.036, 183.415, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825, 443.875 & 430.610 to 430.695
• OTIS 102-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0210, filed 12/01/2023, effective 12/01/2023
• DHS 19-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0100 Disclosure of the Abuse Investigation Report

(1) Portions of the abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection.

(a) Pursuant to ORS 430.763, names of abuse reporters, witnesses and the adult, as well as photographs of the adult are confidential and shall not be available for public inspection.

(b) Investigatory documents, including portions of the abuse investigation report and the protective services assessment contains “individually identifiable health information” as defined under ORS 192.556(6) and 45 CFR160.103, and are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, ORS 192.553 through 192.581 and 179.505 to 179.509.

(2) Notwithstanding section (1) of this rule, the Department shall make confidential information available, including any photographs if appropriate, in accordance to ORS 430.763.

(3) Individuals or entities receiving confidential information pursuant to this rule shall maintain the confidentiality of the information and may not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law.

(4) The Department or Authority shall provide a redacted version of the written report to the public for inspection upon written request. Public record requests for written reports with substantiated abuse findings may not be released until after a Department Final Order is issued.

(5) A centralized record of all abuse complaints, investigations and protective services reports shall be maintained by the Department, in accordance to ORS 430.757.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825 & 413.036
• OTIS 103-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0220, filed 12/01/2023, effective 12/01/2023
• DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0110 Department Investigation of Alleged Abuse

(1) If determined necessary or appropriate, OTIS may conduct an investigation rather than allow the CMHP to investigate the alleged abuse or in addition to the investigation by the CMHP. Under such circumstances, the CMHP shall receive authorization from OTIS before conducting any separate investigation.

(2) OTIS shall conduct all abuse investigations involving adults defined in ORS 430.735(2):

(a) Under these rules, OAR chapter 419, division 110 for adults receiving services in an Authority-operated facility licensed under ORS 443.400.

(b) Under OAR chapter 419, division 100 for adults with developmental disabilities in a Department-operated residential training home, or

(c) OAR chapter 419, division 120 for patients of the state hospitals.

(3) OTIS may screen and assign an allegation of abuse involving adults described in section (2), to a CMHP designee to investigate under these rules or to a community developmental disabilities program to investigate under OAR chapter 419, division 100.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825 & 413.036
• OTIS 104-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0230, filed 12/01/2023, effective 12/01/2023
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Or. Admin. R. 419-110-0120 County Multidisciplinary Teams

(1) The CMHP shall participate in its county Multidisciplinary Team (MDT) to coordinate and collaborate on protective services for the abuse of adults with developmental disabilities or mental illness or both.

(2) All confidential information protected by state and federal law that is shared or obtained by MDT members in the exercise of their duties on the MDT is confidential and may not be further disclosed except as permitted by law.

(3) The CMHP designee or OTIS shall provide an annual report to the MDT reporting the number of investigated and substantiated allegations of abuse of adults and the number referred to law enforcement in the county.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825 & 413.036
• OTIS 105-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0240, filed 12/01/2023, effective 12/01/2023
• DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
• DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
• DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
• DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
• DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18

Division 120 PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS

Or. Admin. R. 419-120-0000 Purpose and Scope

(1) The purpose of these rules, OAR chapter 419, division 120, is to establish the procedures for reporting, investigating and resolving allegations of patient abuse in the Oregon State Hospitals.

(2) The Department’s Office of Training, Investigations and Safety (OTIS) has the duties, functions and powers of ensuring investigations of alleged patient abuse at the state hospitals are conducted in a uniform, objective and thorough manner.

(3) OTIS shall:

(a) Receive all mandatory reports of alleged patient abuse by state hospital staff or visitors;

(b) Coordinate the assessment for protective services with the state hospital; and

(c) Conduct thorough and unbiased the investigations to make abuse findings as required by ORS 430.735 to 430.768 and these rules.

History

• Statutory/Other Authority: 430.731, ORS 409.010, 413.085, 426.010 & 409.050
• Statutes/Other Implemented: 430.731, 430.735 - 430.765, 430.768, 430.210, ORS 179.390 & 426.385
• OTIS 106-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0405, filed 12/01/2023, effective 12/01/2023
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Or. Admin. R. 419-120-0010 Definitions

As used in OAR chapter 419, division 120, the following definitions apply:

(1) “Abuse” means as defined in ORS 430.735.

(2) “Abuse Investigation and Protective Services Report” means a written report completed under these rules (OAR chapter 419, division 120).

(3) “Accused Person” (AP) means the OSH staff or visitor who is the respondent in an abuse investigation under these rules, alleged or determined to have committed abuse of a patient.

(4) “Administrative closure” means an assigned abuse allegation that is approved to be closed without further investigation due to being opened in error.

(5) “Adult” as used in OAR chapter 419, division 120 means an individual who is 18 years of age or older and receiving services for a mental illness in a state hospital.

(6) “Adult protective services” as defined in ORS 430.735 means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts, and to safeguard an allegedly abused adult’s person, property, or funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult must be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

(7) “Alleged victim” means the patient who is reported, alleged or determined to be subjected to abuse.

(8) “Authority” means the Oregon Health Authority (OHA).

(9) “Caregiver” as defined in ORS 430.735 means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.

(10) “Closed without abuse determination” means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so that the investigation cannot be completed.

(11) “Department” means the Oregon Department of Human Services (ODHS).

(12) “Exception for religious practice” means as defined in ORS 430.765 an adult who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner shall for this reason alone not be considered subjected to abuse under ORS 430.735 to 430.765.

(13) “Good cause” for an extension means:

(a) When law enforcement is conducting an investigation or in process of prosecution;

(b) A material party or witness is temporarily unavailable; or

(c) New evidence is discovered that leads to additional allegations.

(14) “Intimidation” means compelling or deterring conduct by threat.

(15) “Investigator” means an OTIS employee who is authorized and receives required training to screen and investigate allegations of abuse under these rules.

(16) “Law enforcement agency” (LEA) as defined in ORS 430.735 means:

(a) Any city or municipal police department;

(b) A police department established by a university under ORS 352.121 or 353.125;

(c) Any county sheriff’s office;

(d) The Oregon State Police; or

(e) Any district attorney.

(17) “Not substantiated” means there is less than a preponderance of evidence to show that abuse occurred.

(18) “Office of Training, Investigations and Safety” (OTIS), means the unit within the Oregon Department of Human Services Shared Services.

(19) “Patient” means a person who is in the care and custody of the state hospital.

(20) “Redacted” means information deemed confidential under state or federal laws that are excluded from public record release.

(21) “Self-defense” as defined on ORS 430.768 and used in OAR 419-120-0070 (3), means the use of physical force upon another person in self-defense or to defend a third person.

(22) “Services” as defined in ORS 430.735 include but are not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other services essential to the well-being of the adult.

(23) “Staff” means:

(a) State hospital employees, including contractors and their employees or volunteers.

(b) Staff does not mean patients who perform work at OSH in accordance to ORS 179.440.

(24) “State Hospital” as described in ORS 426.010 means the Oregon State Hospital (OSH) campuses in Salem and in Junction City for persons with mental illness for care and treatment.

(25) “Substantiated” means that the preponderance of evidence establishes the abuse occurred.

(26) “Superintendent” refers to the chief executive officer of the state hospital, and includes designees per ORS 179.390.

(27) “Visitor” means all non-patient and non-staff persons within the state hospital secure area.

(28) "Unbiased investigation” means an investigation that is conducted that does not have an actual or potential conflict of interest with the outcome.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731
• Statutes/Other Implemented: ORS 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & 179.390
• OTIS 5-2026, amend filed 07/08/2026, effective 07/08/2026
• OTIS 107-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0415, filed 12/01/2023, effective 12/01/2023
• DHS 13-2022, minor correction filed 04/29/2022, effective 04/29/2022
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Or. Admin. R. 419-120-0020 Training for Individuals Investigating Reports of Alleged Abuse

(1) OTIS shall provide sufficient and timely training and consultation to ensure that the investigator is able to conduct a thorough and unbiased investigation and make a determination about the alleged abuse.

(a) Training shall include initial and continuing education to address initial action on complaints, screen and conduct abuse investigations.

(b) The training shall address the cultural and social diversity of Oregon, and focus on the vulnerable populations served and those who provide services, and include trauma-informed practices.

(2) OTIS employees conducting investigations under these rules (OAR chapter 419, division 120) are required to participate in the quarterly meetings provided investigators and demonstrate an understanding of investigative core competencies. Core competencies in the areas of:

(a) Interviewing;

(b) Gathering relevant information through records and site visits;

(c) Weighing the evidence; and

(d) Making abuse determinations.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731
• Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390
• OTIS 108-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0425, filed 12/01/2023, effective 12/01/2023
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Or. Admin. R. 419-120-0030 Initial Action on Complaints of Alleged Abuse

(1) State hospital staff are required to immediately report alleged abuse of patients to:

(a) The Department’s OTIS either by phone or in writing; and

(b) The OSH Superintendent or their designee.

(2) Upon receiving a complaint alleging abuse, OTIS shall document the reported information required by ORS 430.743 and any additional information reported. OTIS shall attempt to elicit the following information from the reporter:

(a) The name, age and present location of the allegedly abused adult or patient;

(b) The names and addresses of the persons responsible for the adult’s care;

(c) The nature and extent of the alleged abuse, including any evidence of previous abuse;

(d) Any information that led the reporter to suspect abuse occurred;

(e) Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP; and

(f) The date of the incident.

(3) If there is reason to believe a crime has been committed, the investigator shall immediately within one business day notify the law enforcement agency having jurisdiction.

(a) The investigator shall follow-up with law enforcement if it was reported a police report was filed to ensure the suspected crime or alleged abuse was reported;

(b) To ascertain if a criminal investigation is being conducted; and

(c) Obtain all copies of any law enforcement reports.

(4) The investigator shall notify the appropriate medical examiner in cases when there is reasonable cause to believe that a patient has died as a result of abuse. The investigator shall also immediately notify the Authority Director.

(5) Upon receipt of a complaint of alleged abuse, the investigator shall immediately, within one business day, begin to:

(a) Screen the complaint to determine whether an abuse investigation is required under these rules;

(b) Determine whether the alleged victim sustained any serious injury, and

(c) Assess the need for protective services per OAR 419-120-0050.

(6) OTIS shall maintain all complaints of alleged abuse in a confidential location.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731
• Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390
• OTIS 109-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0435, filed 12/01/2023, effective 12/01/2023
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Or. Admin. R. 419-120-0040 Screening Activities and Initial Notice

(1) Screening is the trained process used to gather and assess information in order to determine the responses and whether the complaint meets the definition of abuse and there is reasonable cause to believe the abuse of a patient requires investigation as stated in these rules, OAR chapter 419, division 120.

(a) The investigator shall document screening activities completed and the information supporting the decision to either assign an abuse investigation or close the complaint at screening.

(b) The investigator shall assure initial notifications, referrals and required cross-reporting are completed.

(c) The investigator shall immediately, within one business day, begin to assess and assure protective services, in collaboration with OSH, regardless if the complaint of alleged abuse is assigned for investigation or closed at screening.

(2) OTIS shall have a protocol to:

(a) Track the outcome of every screening to ensure completion;

(b) Record how and when notifications were provided; and

(c) Maintain confidential records of actions taken by OTIS.

(3) A screening determination shall be made within by the end of the third business day of OTIS’s receipt of the alleged abuse complaint.

(a) The OTIS manager may grant a screening extension if the investigator is unable to make a screening determination because critical information to make a decision is needed. The investigator shall document:

(A) The reason for the extension;

(B) The critical information that remains to be collected; and

(C) The approval of the OTIS manager.

(b) The OTIS manager may grant a screening extension if law enforcement is conducting a criminal investigation of the alleged abuse incident. The investigator shall document:

(A) The name of the law enforcement agency, assigned case number and crime being investigated;

(B) The plan for follow-up contacts with the law enforcement agency; and

(C) The approval of the OTIS manager.

(4) When a law enforcement agency is conducting an investigation of the alleged abuse:

(a) OTIS need not conduct its own investigation of the same incident.

(b) OTIS may also perform its own investigation as long as it does not interfere with the law enforcement agency investigation. Circumstances that indicate a need for OTIS to conduct the investigation:

(A) There is potential for action by a licensing or certifying agency;

(B) Timely investigation by law enforcement is not probable; or

(C) The law enforcement agency does not complete a criminal investigation.

(c) OTIS shall ensure regular and timely follow-up with the law enforcement agency when a screening extension has been granted, related to:

(A) The status of the criminal investigation,

(B) Explanation for no criminal investigation or suspension of a criminal investigation, and

(C) Any actions taken by the district attorney.

(5) If the investigator determines that there is reasonable cause to believe that abuse was caused or aided by a person employed by OSH, the investigator shall notify:

(a) The OSH Superintendent in writing of the screening decision, including but not limited to:

(A) Identity of the alleged victim, AP and the abuse alleged;

(B) The case number, due date, assigned investigator and how the investigator may be contacted;

(C) Direction to OSH to ensure the patient’s guardian is notified, if applicable; and

(D) Direction to OSH to ensure the AP is notified of the opened investigation.

(b) OTIS shall notify the ODHS│OHA Human Resources by copy of the information provided in subsection (a) of this section.

(6) If the complaint is not within the definitions of patient abuse by an OSH staff or visitor, the investigator shall:

(a) Further screen the complaint under community abuse rules OAR chapter 419, division 110 or division 100 for possible assignment to OTIS or a community mental health or developmental disabilities program for investigation.

(b) Close the OSH complaint as does not meet the conditions for an abuse investigation under these rules (OAR chapter 419, division 120) and notify the Superintendent in writing, which includes:

(A) The information gathered and assessed to support the determination; and

(B) Provides the name and contact information for the investigator completing the screening.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731
• Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390
• OTIS 110-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0445, filed 12/01/2023, effective 12/01/2023
• DHS 21-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Or. Admin. R. 419-120-0050 Assessment for and Provision of Protective Services for Patients

(1) Upon receipt of a mandatory report of alleged abuse, OTIS shall contact OSH to begin assessing needed or provided protective services, in collaboration with OSH.

(a) An attempt at direct contact with the alleged victim by OTIS or facilitated by OSH upon OTIS request, by the end of the next business day of receiving the complaint of alleged abuse shall occur as part of assessing protective service needs, determining if the alleged victim is in danger or in need of immediate protective services.

(b) OTIS or OSH may delay direct contact if the patient’s clinician states a health, safety or well-being concern exists.

(2) Assessment for the provision of protective services may include:

(a) Arranging for the immediate protection of the alleged victim;

(b) In-person contact with the alleged victim to assess their ability to protect their own interest or give informed consent;

(c) Determining the alleged victim’s ability to understand the nature of the protective service and their willingness to accept services;

(d) Coordinating evaluations to determine or verify the alleged victim’s physical and mental status, if necessary;

(e) Assisting in and arranging for appropriate services and alternative living arrangements;

(f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse;

(g) Providing advocacy to assure the alleged victim’s rights and entitlements are protected; and

(h) Consulting with the guardian or others as appropriate in developing recommendations or requirements to prevent further abuse.

(3) OTIS shall communicate with OSH in coordinating the assessment and assurance of protective services for the alleged victim. OTIS and OSH may share confidential information appropriate or necessary for the health, safety and best interests of the alleged victim in need of protection if the information is necessary for:

(a) The provision of protective services;

(b) The function of licensing and certifying agencies; or

(c) Mandatory reporting to law enforcement agencies.

(4) OTIS shall document the protective services assessment and provisions provided by OSH, including those needed, offered and declined, to be maintained as part of the complaint record. The assessment is considered confidential patient information.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731
• Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390
• OTIS 111-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0455, filed 12/01/2023, effective 12/01/2023
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Or. Admin. R. 419-120-0060 Investigation by the Department’s Office of Training, Investigations and Safety

(1) Investigation of allegations of abuse shall be thorough and unbiased by a trained OTIS investigator. OSH must provide the investigator access to employees, patients and the premises for investigation purposes.

(2) In conducting the abuse investigation, the investigator shall attempt and, when possible, complete the following:

(a) Make in-person contact with the alleged victim;

(b) Interview the alleged victim, witnesses, the AP and others who may have knowledge of the facts of the abuse allegation or related circumstances.

(A) Interviews shall be conducted in-person where practicable.

(B) For any person interviewed who needs an accommodation, such as language translation or other accommodation, the investigator shall note the information in the investigation report.

(C) The investigator to ask the date of birth for each individual interviewed and shall obtain the date of birth of any AP.

(D) If the AP is an OSH visitor, the investigator shall ask if the AP is a Department or Authority employee or volunteer, and document the response as part of the investigation information.

(i) If affirmed, the AP must be given the Department form letter that outlines the required obligation to notify ODHS/OHA Human Resource; and

(ii) The investigator must ensure the findings in the approved abuse investigation report, including notice of outcome and final orders are provided to the ODHS/OHA Human Resources for follow-up.

(E) The investigator shall document any relevant investigative interviews that did not occur, efforts made and the reasoning.

(i) The investigator shall make at least three attempts to contact the AP for an investigative interview when no response to an interview request occurs.

(ii) At least one attempt shall be made by phone to the last known number and one by mail to the last known address.

(iii) OTIS shall notify the ODHS│OHA Human Resources by copy of any written correspondences sent to an OSH staff.

(c) Review all records or evidence relevant and material to the complaint; and

(d) Photograph the alleged victim’s injuries consistent with trained guidelines, or arrange for the alleged victim to be photographed, to preserve evidence of the condition of the alleged victim at the time of investigation, unless the alleged victim knowingly refuses to be photographed or clinically contraindicated due to health, safety and well-being.

(3) All patient and hospital records necessary for the investigation must be available to the investigator for inspection and copying. This may include, but is not limited to statements, event reports, employee training records, visitor logs, diagrams, policies, photographs and videos.

(a) Any relevant record used in an investigative interview will be noted in the respective witness statement; and

(b) The relevant record will be included in the submitted investigation report.

(4) Any variance from the investigative processes in this rule shall be staffed and approved by the OTIS manager. The reason for the variance and the name of the OTIS personnel who approved the variance must be documented clearly in the investigative report.

(5) If the investigator believes an allegation meets the conditions to be considered closed without an abuse determination or an administrative closure, then OTIS manager approval to close shall be obtained.

(a) Investigative efforts and information obtained as described in sections (2) and (5) of this rule shall be documented in the written report submitted for management approval to close.

(b) OTIS will notify the AP in writing of the date the abuse investigation was determined closed without an abuse determination or an administrative closure.

(c) A copy of investigative information described in (5)(a) and (b) shall be provided to the ODHS│OHA Human Resources and OSH Superintendent.

History

• Statutory/Other Authority: ORS 409.010, 409.010, 413.085, 426.010 & 430.731
• Statutes/Other Implemented: ORS 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & 179.390
• OTIS 5-2026, amend filed 07/08/2026, effective 07/08/2026
• OTIS 112-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0465, filed 12/01/2023, effective 12/01/2023
• DHS 22-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Or. Admin. R. 419-120-0070 Abuse Investigation and Protective Services Report

(1) OTIS shall provide a completed abuse investigation and protective services report within 60 calendar days to ODHS│OHA Human Resources and OSH Superintendent.

(a) In cases where the investigator cannot complete an investigation within 60 calendar days and for good cause, the investigator shall submit a written request for an extension of time to the OTIS manager. The request shall detail the need for an extension.

(b) Upon written approval, the investigator shall advise of the new due date to the:

(A) AP;

(B) ODHS│OHA Human Resources; and

(C) OSH Superintendent, who will be responsible for guardian notification.

(2) The completed abuse investigation report shall include:

(a) A separate statement of the alleged abuse for each allegation investigated;

(b) The assessment of protective services, including those offered or provided and determined as needed to the patient;

(c) A list of all witnesses interviewed and a summary of the relevant information provided by each witness;

(d) Relevant records obtained;

(e) A summary of findings and a conclusion concerning the allegation of abuse;

(f) A specific finding of substantiated or not substantiated for each allegation investigated for each victim and each AP except those allegations approved to be closed without abuse determination;

(g) A list of any notices made to licensing or certifying agencies;

(h) The name and title of the investigator completing the report;

(i) The name and title of the manager who reviewed the report; and

(j) The date the report is approved to close.

(3) In accordance to ORS 430.768, the OTIS investigations shall also address in the written report:

(a) Whether the AP made a claim of self-defense during the investigation; and

(b) A finding whether the AP was acting in self-defense.

(c) In making this finding, the investigator shall find the allegation not substantiated when:

(A) The AP was acting in self-defense in response to the use or imminent use of physical force;

(B) The amount of force used was reasonably necessary to protect the AP from violence or assault; and

(C) The AP used the least restrictive procedures necessary under the circumstances in accordance with an approved behavior management plan or other method of response approved by the Authority by rule.

(4) If applicable, OTIS shall distribute copies of confidential abuse investigation report to:

(a) A law enforcement agency, if the findings are substantiated and there is reasonable cause to believe a crime occurred;

(b) The public agency that licenses or certifies an AP practicing therein if the findings are substantiated; and

(c) To the system described in ORS 192.517.

(5) OTIS shall prepare the redacted version of the approved abuse investigation report. The redacted report shall not contain any confidential information which is prohibited from disclosure pursuant to state or federal law as described in OAR 419-120-0090.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731
• Statutes/Other Implemented: 430.768, 426.385, 430.205 & 430.210, 430.731, 430.735 - 430.765 & ORS 179.390
• OTIS 113-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0475, filed 12/01/2023, effective 12/01/2023
• DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022
• DHS 23-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Or. Admin. R. 419-120-0080 Notifications at the Conclusion of an Investigation

(1) After an abuse determination is made and the abuse investigation report has been approved to close, OTIS must make and document the notifications described in this rule.

(2) OTIS must notify the AP as provided in this section:

(a) When a report is determined to be not substantiated under these rules, OTIS must provide written notice to the AP.

(b) When a report is determined to be substantiated under these rules, OTIS must send a Notice of Abuse Determination to the AP as provided in this subsection:

(A) The Notice of Abuse Determinationwith a copy of the redacted abuse investigation report must be sent to the AP by all of the following:

(i) Regular mail.

(ii) Certified mail with return receipt requested.

(iii) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(B) The Notice of Abuse Determination must include the information described in OAR 137-003-0505(1) and (2)(a) and ORS 183.415.

(3) OTIS shall provide the OSH Superintendent and the ODHS│OHA Human Resources with a copy of any written notices sent to the AP as described in (2).

(4) OTIS shall document how the notices were provided and maintain a record of all notices.

History

• Statutory/Other Authority: ORS 409.050, 413.085, ORS 409.010, 426.010 & 430.731
• Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390
• OTIS 114-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0485, filed 12/01/2023, effective 12/01/2023
• DHS 24-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Or. Admin. R. 419-120-0090 Disclosure of Investigation Report and Related Documents

(1) Portions of the abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection.

(a) Pursuant to ORS 430.763, names of abuse reporters, witnesses and the alleged victim, as well as photographs of the patient are confidential and shall not be available for public inspection.

(b) Investigatory documents, including portions of the abuse investigation report and the protective services assessment contains “individually identifiable health information” as defined under ORS 192.556(6) and 45 CFR160.103, and are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, ORS 192.553 through 192.581 and 179.505 to 179.509.

(2) Notwithstanding section (1) of this rule, the Department’s OTIS shall make confidential information available, including any photographs if appropriate, in accordance to ORS 430.763.

(3) Individuals or entities receiving confidential information pursuant to this rule shall be informed they are to maintain the confidentiality of the information and may not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law.

(4) OTIS shall inform OSH that copies of all received abuse investigation and protective services assessments reports shall be:

(a) Maintained by the OSH Superintendent separate from employee personnel files;

(b) The alleged victim’s patient record shall contain a reference to the report sufficient to enable authorized persons to request a review of the OSH Superintendent’s copy of the report or to request a public record copy.

(c) For purposes related to the proper administration of the state hospital, such as to respond to personnel actions, the Superintendent may re-disclose their confidential report at the Superintendent’s discretion.

(5) A centralized record of all abuse complaints, investigations and protective services reports shall be maintained by the Department's OTIS, in accordance to ORS 430.757 for all abuse investigations conducted at the state hospitals.

(6) The Department or the Authority shall provide a redacted version of the written report to the public for inspection upon written request. Public record requests for written reports with substantiated abuse findings may not be released until after a Department Final Order is issued following opportunity for a contested case hearing.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731
• Statutes/Other Implemented: 430.768, 426.385, 430.205 & 430.210, 430.731, 430.735 - 430.765 & ORS 179.390
• OTIS 115-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-0495, filed 12/01/2023, effective 12/01/2023
• DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022
• DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
• DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018

Division 130 ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES

Or. Admin. R. 419-130-0000 Purpose and Scope

(1) Effective January 1, 2020, OAR chapter 419, division 130 establishes the Oregon Department of Human Services (ODHS) Office of Training, Investigations and Safety (OTIS) rules for investigating and assessing the provision of protective services related to allegations of abuse of adults receiving residential treatment services for a substance use disorder (SUD) from a facility licensed by the Oregon Health Authority (OHA).

(2) OTIS shall conduct thorough and unbiased investigations to make abuse findings and assess protective services in coordination withthe Oregon Health Authority (OHA) Behavioral Health Division (BHD) as an evaluation of resident health and safety in SUD residential treatment services.

(3) These rules also describe the procedures to provide an accused person or provider (AP) with a Department administrative review of a substantiated abuse finding determined upon closure of an investigation opened under these rules, prior to issuing a final order.

(4) OTIS shall follow the requirements in these rules and ORS 430.735 through 430.765. When state law and code of federal regulations (CFR) conflict related to confidentiality of SUD patient-identifying information records (42 CFR, Part 2, Oct. 1, 2018), the Department and OHA shall defer to federal law. Of note:

(a) OTIS may receive and share Part 2 patient-identifying information and records from BHD regulated SUD residential treatment facilities as described in (2) of this rule for evaluating serious events as part of screening for possible abuse investigation;

(b) OTIS may not use or re-disclose Part 2 patient-identifying information received during investigations unless a specific written patient release of records is obtained; and

(c) OTIS shall securely retain all Part 2 SUD patient-identifying information and records received in (a) and (b) in accordance to the retention schedule established by the Department for abuse investigation reports.

History

• Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085
• Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 - 443.455, 430.256, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 63-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 116-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1000, filed 12/01/2023, effective 12/01/2023
• DHS 14-2022, minor correction filed 04/29/2022, effective 04/29/2022
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0010 Definitions

In addition to the definitions in ORS 430.735, the following terms are defined as used in these rules, OAR chapter 419, division 130.

(1) “Abuse” means as defined in ORS 430.735.

(2) “Abuse Investigation and Protective Services Report” means a written report completed under these rules.

(3) “Accused Person” or “Accused Provider” (AP) means the respondent in an abuse investigation conducted under these rules, alleged or determined to have committed abuse and is a:

(a) Licensed SUD residential treatment facility (RTF), residential treatment home (RTH) or Detoxification Center; or

(b) Staff, contractor or volunteer in an RTF, RTH or Detoxification Center.

(4) “Administrative closure” means an assigned abuse allegation that is approved to be closed without further investigation due to being opened in error.

(5) “Adult” as used in these rules means an individual who is 18 years of age or older and receiving treatment services for a substance use disorder in a residential treatment facility (RTF), residential treatment home (RTH) or detoxification center licensed by the Oregon Health Authority (OHA).

(6) “Adult protective services” as defined in ORS 430.735 means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts, and to safeguard an allegedly abused adult’s person, property, or funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult must be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

(7) “Alleged victim” (AV) means an adult who is an SUD facility resident who is reported, alleged or determined to be subjected to abuse.

(8) “Authority” means the Oregon Health Authority (OHA).

(9) “Behavioral Health Division” (BHD) means a unit within OHA responsible for regulation of SUD facilities.

(10) "Caregiver” as defined in ORS 430.735 means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.

(11) “Closed without abuse determination” means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so that the investigation cannot be completed.

(12) “Department” means the Oregon Department of Human Services (ODHS).

(13) “Investigator” means an OTIS employee who is authorized and receives required training to screen and investigate allegations of abuse under these rules.

(14) “Law enforcement agency” (LEA) means as defined in ORS 430.735.

(15) “Not substantiated” means there is less than a preponderance of evidence to show that abuse occurred.

(16) “Office of Training, Investigations and Safety” (OTIS) means the unit within the Oregon Department of Human Services Shared Services.

(17) “Redacted” means information deemed confidential under state or federal laws that are excluded from public record release.

(18) “Resident” as used in these rules means an adult receiving care, treatment or services in a SUD facility licensed by the Oregon Health Authority (OHA).

(19) “Services” as defined in ORS 430.735 includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other service essential to the well-being of the adult.

(20) “Substance Use Disorder” (SUD) means substance use disorder, also commonly called substance abuse or alcohol and drug (A&D).

(21) “SUD facility” as used in these rules provide residential treatment for adults with alcohol or drug dependence and means:

(a) A residential treatment facility or a residential treatment home that is licensed under ORS 443.415; or

(b) A Detoxification Center that is licensed as a SUD residential treatment program by OHA BHD.

(22) “Substantiated” means that the preponderance of evidence establishes the abuse occurred.

(23) “Treatment” means as defined in ORS 443.400.

(24) “Unbiased investigation” means an investigation that is conducted that does not have an actual or potential conflict of interest with the outcome.

History

• Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085
• Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 – 443.455, 430.256, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 5-2026, amend filed 07/08/2026, effective 07/08/2026
• OTIS 64-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 117-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1010, filed 12/01/2023, effective 12/01/2023
• DHS 15-2022, minor correction filed 04/29/2022, effective 04/29/2022
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0020 Training for OTIS Investigators and Abuse Reviewers

(1) OTIS shall provide sufficient and timely training and consultation to ensure that OTIS investigators and abuse reviewers are able to conduct a thorough and unbiased investigation to make a determination about the alleged abuse under OAR chapter 419, division 130.

(2) Training shall include initial and continuing education to address initial action on complaints, screening and conducting abuse investigations.

(3) The training shall address the cultural and social diversity of Oregon, focus on the vulnerable populations served and those who provide services, and include trauma-informed practices.

(4) Training for OTIS investigators and abuse reviewers under these rules (OAR chapter 419, division 130) will also include specific information related to operations of substance use disorder facilities and confidentiality of alcohol & drug services and records under 42 CFR Part 2.

(5) OTIS employees conducting investigations or abuse reviews under OAR chapter 419, division 130 shall participate in the core competency training and quarterly meetings provided to mental health investigators and demonstrate an understanding of investigative core competencies. Core competencies in the areas of:

(a) Interviewing;

(b) Gathering relevant information through records and site visits;

(c) Weighing the evidence; and

(d) Making abuse determinations.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, 430.205 and 430.210 (amended by OL 2019, Chapter 236), 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2), 443.400 – 443.455 & 430.256, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630, 430.640
• OTIS 118-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1020, filed 12/01/2023, effective 12/01/2023
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0030 Initial Action on Complaints of Alleged Abuse

(1) Upon receipt of a complaint alleging abuse, OTIS shall document the reported information as required by ORS 430.743 and any additional information reported.

(a) OTIS shall attempt to elicit the following information from the reporter:

(A) The age and present location of the allegedly abused adult.

(B) The adult’s name, if releasable by:

(i) A Part 2 SUD program when related to serious event reporting at the SUD facility;

(ii) A release of information to OTIS signed by the adult or their legal representative/guardian (if applicable) and request a copy; or

(iii) If the reporter is not subject to Part 2 confidentiality regulations, such as the SUD resident, then names may be documented as part of initial reporting.

(C) The names and addresses of the persons responsible for the adult’s care.

(D) The nature and extent of the alleged abuse, including any evidence of previous abuse.

(E) Any information that led the reporter to suspect abuse occurred.

(F) Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP. And,

(G) The date of the incident.

(b) OTIS shall ask if a report to law enforcement report was made.

(2) Upon receipt of a complaint of alleged abuse, OTIS shall immediately contact the BHD specialist to coordinate:

(a) Reviewing the initial complaint and need for review of SUD facility records, including any relevant incident reports completed by the facility;

(b) Contacting the alleged victim for a health and safety check to determine whether the alleged victim sustained any serious injury and assess the need for protective services per OAR 419-130-0050; and

(c) Obtaining signed releases of 42 CFR Part 2 information and records for investigation purposes to OTIS, including locating a forwarding address if the alleged victim is no longer a resident in the SUD treatment facility.

(3) OTIS may consult with the BHD specialist to assess whether an abuse investigation is required under these rules.

(4) If there is reasonable cause to believe a crime occurred and an immediate report to law enforcement is required per ORS 430.743(2), OTIS cross- reports to law enforcement shall not include any 42 CFR Part 2 protected SUD information (name or records) unless the SUD resident or their legal representative has provided written consent authorizing this disclosure to law enforcement.

History

• Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085
• Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 – 443.455, 430.256, 430.210, 430.306,, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 65-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 119-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1030, filed 12/01/2023, effective 12/01/2023
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0040 Screening Activities and Initial Notice

(1) Screening is the process used to gather and assess information to determine the responses and whether the conduct described in the complaint meets the definition of abuse and there is reasonable cause to believe the alleged abuse requires investigation as stated in these rules.

(a) OTIS shall document screening activities completed and the information supporting the decision to either assign an abuse investigation or close the complaint at screening.

(b) OTIS shall provide written notifications to BHD Licensing on any abuse allegations received and assigned for investigation.

(2) OTIS shall have a specific SUD confidential protocol to:

(a) Track the outcome of every complaint received and screened to ensure completion;

(b) Record how and when notifications were provided; and

(c) Maintain records of actions taken by OTIS.

(3) A screening determination shall be made with consultation, as needed with BHD.

(4) The OTIS director or OHA behavioral health director may be consulted when OTIS is unable to make a screening determination because critical information to make a decision is needed. Consultation shall resolve whether to:

(a) Close complaint as unable to determine; or

(b) Seek a Part 2 Court Order and subpoena to authorize a SUD facility to release records protected under 42 CFR, Part 2 when no written release of information is able to be attained.

(5) When a law enforcement agency is conducting an investigation of the alleged abuse, OTIS is not required to conduct an investigation of the same incident.

(a) OTIS may perform its own investigation as long as it does not interfere with the law enforcement agency investigation.

(b) Circumstances that indicate a need for OTIS to conduct the investigation:

(A) There is potential for action by a licensing or certifying agency;

(B) Timely investigation by law enforcement is not probable; or

(C) The law enforcement agency does not complete a criminal investigation.

(6) If OTIS determines the complaint is not within the definitions of abuse requiring investigation under these rules, OTIS shall:

(a) Close the complaint as does not meet the conditions for an abuse investigation under these rules;

(b) Document the information gathered and assessed to support the decision and;

(c) Provide BHD Licensing a copy of (b).

History

• Statutory/Other Authority: ORS 430.731, ORS 409.010, 409.050 & 413.085
• Statutes/Other Implemented: 430.205, 430.256, 430.735 - 430.765, ORS 430.731, 42 CFR, Part 2, Oct. 1, 2018, 443.400 – 443.455, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 66-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 120-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1040, filed 12/01/2023, effective 12/01/2023
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0050 Assessment for and Provision of Protective Services for Residents

(1) Upon the initial receipt of a complaint or report of alleged abuse, OTIS shall contact the assigned BHD specialist to begin assessing needed or provided protective services, and any needed collaboration with the SUD facility.

(2) An attempt at direct contact with the alleged victims who are SUD residents shall be determined between OTIS or BHD Licensing as part of assessing protective service needs, determining if the alleged victim is in danger or in need of immediate protective services.

(a) OTIS or BHD Licensing may decide not to attempt direct contact if the resident’s clinician states a health, safety or well-being concern exists.

(b) Direct contact is not required if the alleged victim is no longer a resident of the facility.

(3) Assessment for the provision of protective services may include:

(a) Arranging for the immediate protection of the alleged victim;

(b) Assessing the adult’s ability to protect their own interest or give informed consent;

(c) Determining the alleged victim’s ability to understand the nature of the protective service and their willingness to accept services;

(d) Coordinating evaluations to determine or verify the alleged victim’s physical and mental status, if necessary;

(e) Assisting in and arranging for appropriate services and alternative living arrangements;

(f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse;

(g) Providing advocacy to assure the alleged victim’s rights and entitlements are protected; and

(h) Consulting with the guardian or others as appropriate in developing recommendations or requirements to prevent further abuse.

(4) In coordinating the assessment and assurance of protective services for the alleged victim, OTIS and BHD Licensing may share confidential information appropriate or necessary for evaluation of the health, safety and best interests of the alleged victim in need of protection.

(5) OTIS shall document the protective services assessment and provisions provided, including those needed, offered and declined. The assessment is considered confidential SUD information.

History

• Statutory/Other Authority: ORS 430.731, ORS 409.010, 409.050 & 413.085
• Statutes/Other Implemented: ORS 430.731, 430.205, 430.256, 443.400 – 443.455, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 67-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 121-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1050, filed 12/01/2023, effective 12/01/2023
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0060 Investigation

(1) Investigation of abuse allegations shall be thorough, unbiased and conducted by a trained OTIS investigator.

(a) Community programs and SUD facilities must provide the investigator access to employees and the premises for investigation purposes.

(b) Access to SUD residents or their identifying information (name and records) shall be upon receipt of a signed release authorizing disclosure of this Part 2 information to OTIS.

(2) In conducting the abuse investigation, the investigator shall attempt and, when possible, complete the following:

(a) Make in-person contact with the alleged victim.

(b) Interview the alleged victim, witnesses, the AP and others who may have knowledge of the facts of the abuse allegation or related circumstances.

(A) Interviews shall be conducted in-person where practicable.

(B) Any person interviewed who needs an accommodation, such as language translation or other accommodation, the investigator shall note the information in the investigation report.

(C) The investigator shall ask the date of birth for each individual interviewed, except from SUD residents when there is no signed release of information, and shall obtain the date of birth of any AP.

(D) The investigator shall ask if the AP is a Department or Authority employee or volunteer and document the response as part of the investigation information. If affirmed:

(i) The investigator shall give the AP the Department form letter that outlines the required obligation to notify ODHS│OHA Human Resource.

(ii) OTIS shall ensure the outcome of the investigation is provided to the ODHS│OHA Human Resources for follow-up.

(E) The investigator shall document any relevant investigative interviews that did not occur, efforts made and the reasoning.

(i) The investigator shall make at least three attempts to contact the AP for an investigative interview when no response to an interview request occurs.

(ii) At least one attempt shall be made by phone to the last known number and one by mail to the last known address.

(c) Review all records or evidence relevant and material to the allegation with SUD resident records only upon a signed release of information; and

(d) Photograph the alleged victim’s injuries consistent with trained guidelines or arrange for the alleged victim to be photographed to preserve evidence of the condition of the alleged victim at the time of investigation except when:

(A) The alleged victim knowingly refuses to be photographed; or

(B) It is clinically contraindicated due to health, safety and well-being.

(3) All facility records necessary for the investigation must be available to the investigator for inspection and copying. Facility records may include, but is not limited to statements, event reports, employee training records, visitor logs, diagrams, policies, photographs and videos.

(4) Any relevant record used in an investigative interview will be noted in the respective witness statement and included in the submitted investigation report.

(5) Any variance from the investigative processes in this rule shall be discussed with and approved by the OTIS manager. The reason for the variance and the name of the OTIS manager who approved the variance must be documented clearly in the investigative report.

(6) If the investigator believes an allegation assigned for investigation meets the conditions to be considered closed without an abuse determination or as an administrative closure, then OTIS manager approval to close shall be obtained.

(a) Investigative efforts and information obtained as described in sections (2) and (6) of this rule section shall be documented in the written report submitted for management approval to close.

(b) OTIS shall notify BHD Licensing, who will notify the SUD facility.

(c) OTIS shall notify the AP, if the AP has been notified of the investigation being opened.

History

• Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085
• Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 – 443.455, 430.256, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 5-2026, amend filed 07/08/2026, effective 07/08/2026
• OTIS 68-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 122-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1060, filed 12/01/2023, effective 12/01/2023
• DHS 20-2022, minor correction filed 05/02/2022, effective 05/02/2022
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0070 Abuse Investigation and Protective Services Report

(1) OTIS shall provide BHD Licensing with a completed abuse investigation and protective services assessment report within 60 calendar days of receiving the complaint alleging abuse.

(2) In cases where the investigator cannot complete an investigation within 60 calendar days and for good cause, the investigator shall submit a written request for an extension of time to the OTIS manager.

(a) “Good cause” for an extension means:

(A) When law enforcement is conducting an investigation or in process of prosecution;

(B) A material party or witness is temporarily unavailable; or

(C) New evidence is discovered that leads to additional allegations.

(b) The request shall detail the need for an extension and the length of the extension.

(A) OTIS shall copy BHD Licensing on the OTIS manager approval; and

(B) OTIS shall instruct BHD Licensing to notify the SUD facility licensee of the approved extension and due date.

(3) The completed abuse investigation report shall include:

(a) A statement of the allegation being investigated for each alleged victim and AP;

(b) A list of all witnesses interviewed, and a summary of the relevant information provided by each witness with SUD resident names deidentified;

(c) A summary of findings and a conclusion concerning the allegation of abuse;

(d) A specific finding of substantiated or not substantiated for each allegation investigated except those allegations approved to be closed without abuse determination;

(e) The name and title of the investigator completing the report; and

(f) The name and title of the manager who reviewed the report.

(4) OTIS may review and consult with BHD Licensing when necessary on the abuse finding, prior to closure.

History

• Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085
• Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 – 443.455, 430.256, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 69-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 123-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1070, filed 12/01/2023, effective 12/01/2023
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0080 Notifications at the Conclusion of an Investigation

(1) After an abuse determination is made and the investigation report has been approved to close, OTIS shall make and document the notifications described in this rule.

(2) When an allegation is determined to be not substantiated under these rules, OTIS shall provide written notice of the outcome to the AP. A copy of this notification will be provided to:

(a) The OHA BHD specialist; and

(b) The SUD facility.

(3) When an allegation is determined to be substantiated under these rules, OTIS shall send to the AP a Notice of Substantiated Abuse and include a redacted copy of the abuse investigation report. The notice shall include:

(a) The allegation investigated and legal authority relied upon.

(b) The abuse finding and standard of proof used.

(c) An explanation of AP’s right to ask for an OTIS administrative review of the abuse finding, including information on how an abuse finding may affect employment.

(d) How to request an administrative review in writing, including the address to send the request; and state if assistance is needed in understanding the information, the AP may call OTIS with a phone number provided in the notice.

(e) A request the AP provide information as part of their written request for an OTIS administrative review.

(A) Information requested should include:

(i) Date the request for review is written;

(ii) Case number found on the notice and the redacted report;

(iii) Full name and date of birth of the AP; and current name if changed since the investigation began;

(iv) For each allegation, an explanation, responsive to the information provided in the report, stating why it is believed the substantiated abuse finding should be changed to not substantiated with any additional information or documents provided to be considered during the review;

(v) State whether they wish or do not wish to be contacted during the OTIS review for a telephone interview with current phone information provided if contact wanted;

(vi) Current mailing address and other contact information, such as email if preferred; and

(vii) A signature.

(B) Requests for reviews that do not contain all requested information outlined in (A) shall be afforded an OTIS review based on the information that is provided.

(f) Only the AP may request a review. When a SUD facility is named, then the licensee or legal representative, such as the executive director or board chair may request the review.

(g) A statement that the request shall be received by OTIS no later than 30 calendar days from the date of the Notice of Substantiated Abuse, including if the AP’s request for review is mailed, the date the letter is postmarked shall be considered the date of delivery to OTIS.

(h) A statement that if no request for review is received within 30 calendar days from the date of the Notice of Substantiated Abuse, OTIS shall issue a Final Order. This order advises the AP of the right to petition for judicial review under ORS 183.484, as an order in an “other than contested case” within 60 days of service of the final order. Petitions for review shall be filed in Marion County Circuit Court or the circuit court of the county where the AP resides or has a principal business office.

(4) OTIS shall send the notices described in (2) or (3) to the AP by all of the following:

(a) Regular mail.

(b) Certified mail with return receipt requested if an allegation is substantiated.

(c) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(5) OTIS shall provide the OHA BHD specialist with a copy of any written notices sent to the AP as described in (3).

(6) OTIS shall document how the notices were provided and maintain a record of all notices.

History

• Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085
• Statutes/Other Implemented: ORS 430.731, 430.205, ORS 183.480, 430.735 - 430.765, 443.400 – 443.455, 42 CFR, Part 2, Oct. 1, 2018, 430.256, 430.210, 183.484, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 70-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 124-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1080, filed 12/01/2023, effective 12/01/2023
• DHS 4-2021, amend filed 03/11/2021, effective 03/15/2021
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0090 Administrative Review Process for Substantiated Findings

(1) The OTIS reviewer shall review the completed abuse investigation report; and records collected as part of the investigation.

(2) The OTIS reviewer shall interview the AP if requested and the AP may have legal representation or other person present during the interview. The OTIS reviewer shall consider any verbal or written information offered by the AP.

(3) The OTIS reviewer may not re-open the investigation by interviewing the alleged victim, witnesses or others mentioned in the investigation, or gather additional records or evidence to conduct a further investigation of the allegation of abuse.

(4) The OTIS reviewer shall recommend to the OTIS director, whether to change or maintain the substantiated abuse finding based upon their review of the evidence described in sections (1) and (2).

(5) The OTIS reviewer shall prepare a written summary of information gathered as described in sections (1) and (2) upon which the recommendation was based within 30 calendar days of OTIS’s receipt of the AP’s request for review.

(6) After reviewing the written information from the designated OTIS reviewer, the OTIS director shall make a final determination on the abuse finding within 15 calendar days and a Final Order shall be issued.

History

• Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
• Statutes/Other Implemented: ORS 430.731, ORS 183.480 and 183.484, 42 CFR, Part 2, Oct. 1, 2018 & 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2)
• OTIS 125-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1090, filed 12/01/2023, effective 12/01/2023
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0100 Issuing Final Orders

(1) OTIS shall issue written Final Orders to the AP for all substantiated allegations of abuse investigated under ORS 430.735 to 430.765.

(2) All Final Orders shall be signed by the OTIS director as authorized by the Department Director.

(3) The Final Order shall be issued when:

(a) When no request for a review is received after 30 calendar days from the date of the Notice of Substantiated Abuse; or

(b) Upon completion of the administrative review process detailed in OAR 419-130-0090.

(4) Final Orders shall be mailed by OTIS within 7 calendar days to the AP.

(a) Copies of this Final Order shall be electronically sent to:

(A) OHA BHD; and

(B) The SUD facility.

(b) If applicable, OTIS will provide a copy of this Final Order to the ODHS/OHA Human Resources for cases involving ODHS or OHA employees or volunteers.

(5) OTIS shall notify regulatory agencies who license or certify an AP practicing therein of Final Orders issued for substantiated abuse findings. The written notification will not re-disclose any 42 CFR Part 2 information and a copy will be provided to OHA BHD.

(6) The Final Order is considered part of the investigation case records.

History

• Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085
• Statutes/Other Implemented: ORS 430.731, 430.205, ORS 183.480, 430.735 - 430.765, 443.400 – 443.455, 42 CFR, Part 2, Oct. 1, 2018, 430.256, 430.210, 183.484, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 71-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 126-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1100, filed 12/01/2023, effective 12/01/2023
• DHS 16-2022, minor correction filed 04/29/2022, effective 04/29/2022
• DHS 4-2021, amend filed 03/11/2021, effective 03/15/2021
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-130-0110 Disclosure of Investigation Report and Related Documents

(1) The abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection.

(2) OTIS shall inform BHD Licensing of notifications to other health care professional boards for an AP with a Final Order of substantiated abuse and whose treatment practice is regulated by another professional licensing or certification board.

(3) Individuals or entities receiving confidential information pursuant to this rule shall be informed they are to maintain the confidentiality of the information and shall not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law.

(4) A centralized record of all abuse investigation reports without Part 2 records and information shall be maintained by OTIS and BHD for abuse investigations conducted by OTIS under ORS 430.735.

History

• Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085
• Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 – 443.455, 430.256, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
• OTIS 72-2024, minor correction filed 12/04/2024, effective 12/04/2024
• OTIS 127-2023, minor correction filed 12/01/2023, effective 12/01/2023
• DHS 7-2023, renumbered from 407-045-1110, filed 12/01/2023, effective 12/01/2023
• DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020

Division 200 HEARINGS – CHILD ABUSE

Or. Admin. R. 419-200-0000 Purpose

The purpose of these rules, OAR chapter 419, division 200, is to describe the contested case hearings and OTIS’s ability to have lay representation on “Founded” or “Substantiated” child abuse determinations made by OTIS in chapter 419, divisions 210 through 240.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 409.050, 418.005, 443.400 - 443.455, 409.185, 409.225, 419B.005 - 419B.050 & 419B.035
• OTIS 9-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 12-2024, renumbered from 407-044-0300, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, adopt filed 07/20/2022, effective 08/01/2022

Or. Admin. R. 419-200-0010 Contested Case Hearings

(1) This rule applies to contested case hearings on “Founded” child abuse determinations made by OTIS under OAR 419-210-0170, OAR 419-220-0170, OAR 419-230-0170, OAR 419-230-0173 or OAR 419-240-0170.

(2) Contested case proceedings under this rule are conducted in accordance with the Attorney General's model rules in OAR chapter 137, division 003, except to the extent that OAR chapter 419, divisions 210 through 240 are permitted to and provide for different procedures.

(3) A contested case hearing under this rule is not open to the public and is closed to nonparticipants, except nonparticipants may attend subject to the consent of the parties (as defined in ORS 183.310(7)(a) through (c)) and OTIS and must adhere to applicable confidentiality laws.

(4) A respondent who receives a Notice of Abuse Determination under OAR 419-210-0190, OAR 419-220-0190, OAR 419-230-0190 or OAR 419-240-0190 may challenge that notice by filing a written, timely request for a contested case hearing. The request must be electronically submitted or postmarked to the Department of Human Services, Office of Training, Investigations and Safety, 4600 25th Ave, NE, Suite 150, Salem, Oregon 97301 within 30 calendar days of the date of the Notice of Abuse Determination.

(5) OTIS may dismiss a request for hearing as untimely if the respondent's written explanation for missing the hearing request deadline does not meet the criteria in OAR 137-003-0528(2) and (3). If there is a factual dispute regarding the missed deadline OTIS may refer the request for a limited contested case hearing about the reasons for missing the deadline.

(6) A respondent may withdraw a request for hearing at any time before a final order has been issued in the contested case.

(a) OTIS or the Office of Administrative Hearings (OAH) will send an order confirming the withdrawal of a hearing request to the last known address of the respondent.

(b) The respondent may cancel the withdrawal if a written cancellation of the withdrawal is electronically submitted or postmarked to OTIS no later than 10 business days from the date of the order confirming the withdrawal.

(c) A late cancellation of a withdrawal may be considered if the written cancellation of the withdrawal is sent to OTIS and electronically submitted or postmarked within the deadline set out in OAR 137-003-0675(1) from the date of the order confirming the withdrawal.

(d) OTIS will allow the late cancellation of a withdrawal filed within the deadline set out in OAR 137-003-0675(1) if the deadline to cancel the withdrawal was missed due to circumstances beyond the control of the respondent.

(7) OTIS will refer to OAH the issue of allowing the late cancellation of a withdrawal filed within the deadline set out in OAR 137-003-0675(1) if there is a factual dispute about whether the deadline to cancel the withdrawal was missed due to circumstances beyond the control of the respondent.

(8) An order dismissing a hearing request is issued when neither the respondent nor the respondent’s representative appear at the time and place specified for the hearing. OTIS may reconsider and cancel the dismissal under OAR 137-003-0675 after a timely written request of the respondent on a showing that the respondent was unable to attend the hearing and unable to request a postponement from OAH for reasons beyond respondent's reasonable control. OTIS may refer the reconsideration decision to OAH.

(9) When OTIS refers a contested case under this rule to OAH, OTIS indicates on the referral whether OTIS is authorizing a proposed order, a proposed and final order (OAR 137-003-0645(4)), or a final order.

(a) When OTIS authorizes either a proposed order or a proposed and final order, the respondent may file written exceptions and written argument to be considered by OTIS. The exceptions and argument must be electronically submitted or postmarked or received at the location indicated in the OAH order no later than the 20th calendar day after service of the proposed order or proposed and final order.

(b) When OTIS authorizes proposed and final orders, if the respondent does not submit timely exceptions or argument following a proposed and final order, the proposed and final order becomes a final order on the 21st calendar day after service of the proposed and final order unless OTIS has issued a revised order or has notified the respondent and OAH that OTIS will issue the final order. When OTIS receives timely written exceptions or argument, OTIS issues the final order, unless OTIS requests that OAH issue the final order under OAR 137-003-0655.

(c) If in a contested case hearing OAH is authorized to issue a final order on behalf of OTIS, OTIS may issue the final order in the case of default.

(10) OTIS has adopted the following exceptions to the Attorney General's Model Rules due to caseload volume and because the model discovery procedures would unduly complicate or interfere with the hearing process:

(a) Upon request of the party or respondent, OTIS provides work contact information (telephone number and address) for any Department employees expected to testify at the hearing as witnesses, except rebuttal witnesses.

(b) Except as provided in subsection (a) of this section, OTIS and any party or respondent in the contested case are not required to provide the telephone numbers and addresses of witnesses.

History

• Statutory/Other Authority: ORS 409.050, 183.341 & 418.005
• Statutes/Other Implemented: ORS 409.050, 418.005, 183.411-183.471, Section 8, chapter 581, OL 2023 (Note ORS 419B), 418.257 – 418.259, 419B.005 – 419B.050, 443.400 - 443.455, 409.185 & 339.296
• OTIS 10-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 12-2024, renumbered from 407-044-0320, filed 10/30/2024, effective 11/01/2024
• DHS 11-2024, minor correction filed 08/20/2024, effective 08/20/2024
• DHS 1-2024, minor correction filed 01/16/2024, effective 01/16/2024
• DHS 29-2022, adopt filed 07/20/2022, effective 08/01/2022

Or. Admin. R. 419-200-0020 Lay Representation

(1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of OTIS in a contested case hearing conducted by the Office of Administrative Hearings under OAR 419-200-0010.

(2) A Department officer or employee acting as the Department’s representative may not make legal argument on behalf of OTIS.

(a) "Legal argument" includes arguments on:

(A) The jurisdiction of OTIS to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to OTIS; and

(C) The application of court precedent to the facts of the particular contested case proceeding.

(b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses, or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of OTIS in handling similar situations;

(C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

(3) When an officer or employee appears on behalf of OTIS, the administrative law judge shall advise the Department's representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection.

(4) If the administrative law judge determines that statements or objections made by the OTIS representative appearing under section (1) of this rule involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the Department representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.

(5) A Department representative appearing under section (1) of this rule must read and be familiar with the Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available at http://www.doj.state.or.us.

(6) When a Department officer or employee represents OTIS in a contested case hearing under OAR 419-200-0010, requests for admission and written interrogatories are not permitted. OTIS adopts this exception to the Attorney General’s Model Rules due to caseload volume and because these matters would unnecessarily complicate the hearing process.

History

• Statutory/Other Authority: ORS 409.050, 418.005 & 183.341
• Statutes/Other Implemented: ORS 409.050, 418.005, 418.257 - 418.259, 443.400 - 443.455, 419B.005 - 419B.050, 409.185 & 183.411-183.471
• OTIS 11-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 12-2024, renumbered from 407-044-0330, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, adopt filed 07/20/2022, effective 08/01/2022

Division 210 CHILD-IN-CARE ABUSE INVESTIGATIONS

Or. Admin. R. 419-210-0100 Purpose

The Department receives reports of abuse of children and screens them to determine the response required under ORS chapters 418 and 419B. The purpose of these rules, OAR chapter 419, division 210, is to describe:

(1) The circumstances under which the Office of Training, Investigations and Safety (OTIS) is responsible to respond to a report of abuse of a child-in-care and

(2) The requirements for screening and investigating a report of abuse of a child-in-care that is the responsibility of OTIS.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 183.484, 443.400 - 443.455, 409.010, 418.519-418.532, 409.185, 418.005, 418.257 - 418.259, 409.050 & 419B.005 - 419B.050
• OTIS 12-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0100, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 10-2021, minor correction filed 07/01/2021, effective 07/01/2021
• DHS 9-2021, renumbered from 407-045-0800, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 21-2019, minor correction filed 11/07/2019, effective 11/07/2019
• DHSD 13-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 5-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 9-2018, minor correction filed 06/29/2018, effective 06/29/2018
• DHSD 7-2018, amend filed 04/27/2018, effective 04/28/2018
• DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
• DHSD 14-2017, amend filed 11/01/2017, effective 11/01/2017
• DHSD 8-2017(Temp), f. & cert. ef. 7-17-17 thru 1-12-18
• DHSD 8-2016, f. & cert. ef. 12-1-16
• DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• DHSD 5-2010, f. 6-30-10, cert. ef. 7-1-10
• DHSD 4-2008, f. & cert. ef. 5-30-08
• DHSD 12-2007(Temp), f. & cert. ef.12-3-07 thru 5-30-08

Or. Admin. R. 419-210-0110 Definitions

Unless the context indicates otherwise, the following definitions apply to these rules OAR chapter 419, division 210:

(1) "Abuse" has the same meaning as defined in ORS 418.257 and ORS 419B.005. (See OAR 419-210-0170(2) and (3))

(2) "Abuse determination" means the determination OTIS makes after an investigation under these rules (OAR chapter 419, division 210) that a report of abuse is substantiated, unsubstantiated, or inconclusive as described in OAR 419-210-0170.

(3) "Abuse investigation report" means the report the OTIS investigator completes as provided in OAR 419-210-0180 on a report of abuse that is determined to require an investigation under OAR 419-210-0130(1)(b).

(4) “Alleged victim” means the child-in-care who is reported, alleged, or determined to be subjected to abuse under these rules (OAR chapter 419, division 210).

(5) “Business days” means all consecutive calendar days, not counting Saturdays, Sundays and legal holidays as defined in ORS 187.010.

(6) “Children's Care Licensing Program” or “CCLP” means the Department of Human Service’s program that licenses and oversees child-caring agencies.

(7) "Child" means an unmarried person who:

(a) Is under 18 years of age; or

(b) Is a child in care, as defined in ORS 418.257.

(8) "Child-caring agency" has the same meaning as defined in ORS 418.205.

(9) "Child-in-care" as defined in ORS 418.257means a person under 21 years of age who is residing in or receiving care or services from:

(a) A child-caring agency or proctor foster home (CCA certified foster home);

(b) An ODHS certified foster home subject to ORS 418.625 to 418.645 (Child Welfare foster home); or

(c) A developmental disabilities residential facility (ODDS group home, ODDS host home, and ODDS foster home).

(10) "Department" means the Oregon Department of Human Services (ODHS).

(11) “Developmental disabilities residential facility” means a residential facility or foster home for children who are 17 years of age or younger and receiving developmental disability services that is subject to ORS 443.400 to 443.455, 443.830 and 443.835.

(12) “Indian child” as defined in 25 U.S.C. § 1903(4) means any unmarried individual who is under age 18 and either:

(a) Is a member or citizen of an Indian Tribe; or

(b) Is eligible for membership or citizenship in an Indian Tribe and is the biological child of a member or citizen of an Indian Tribe.

(13) “Investigation” as defined in ORS 419B.005(4) means a detailed inquiry into or assessment of the safety of a child alleged to have experienced abuse. “Investigation” does not include screening activities conducted upon the receipt of a report.

(14) “Law enforcement agency” has the same meaning as defined in ORS 419B.005(5).

(15) “Legal guardian” means the child-in-care’s parent, unless a court appoints another person or agency to act as the individual's guardian.

(16) “ODDS foster home” means a developmental disability child foster home as defined in ORS 443.830 and certified under OAR chapter 411, division 346.

(17) “ODDS group home” means the distinct method for the delivery of home and community-based services in a 24-hour residential setting by a provider certified and endorsed according to the rules in OAR chapter 411, division 323.

(18) “ODDS host home” means a residential training home per ORS 443.400 that is a community-based family home setting licensed by the Department according to the rules in OAR chapter 411, division 348 to provide home and community-based services to children with intellectual or developmental disabilities. ODDS host homes are community homes featuring an in-residence caregiver serving in a parental role with the support of additional staff to deliver intensive care and support to children in a family home environment.

(19) Office of Developmental Disabilities Services or “ODDS” means the Department of Human Services Office of Developmental Disability Services.

(20) "OTIS investigator" means a Department: Office of Training, Investigations and Safety (OTIS) employee who is authorized and receives OTIS approved training to screen or investigate reports of abuse under OAR chapter 419, division 210.

(21) "OTIS response" means how OTIS will respond to a report of abuse that is determined at the conclusion of the OTIS screening process.

(22) "Proctor foster home" is defined in ORS 418.205 and means a foster home certified by a child-caring agency that is not subject to ORS 418.625 to 418.470.

(23) “Reasonable cause” means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts. (ORS 419B.150)

(24) "Reasonable suspicion" for purposes of complying with ORS 419B.023 (Karly’s Law) means a reasonable belief given all the circumstances, based upon specific and describable facts, that the suspicious physical injury may be the result of abuse.

(25) “Redacted” means information deemed confidential under state or federal law that has been protected from view.

(26) "Reporter" means an individual who makes a report of suspected child abuse to the Department.

(27) "Respondent" means the adult or entity alleged to have committed abuse.

(28) "Screening" means the process used by OTIS to determine the response to reports that are determined to be the responsibility of OTIS.

(29) “Serious bodily injury” means any significant impairment of the physical condition of an individual, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.

(30) "Severe harm" as defined in ORS 419B.150 means:

(a) Life threatening damage; or

(b) Significant or acute injury to a person’s physical, sexual, or psychological functioning.

(31) "Sex trafficking" as defined in ORS 418.322(1)(b) means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of an individual under the age of 18 for the purpose of a commercial sex act or the recruitment, harboring, transportation, provision, or obtaining of a person over the age of 18 using force, fraud, or coercion for the purpose of a commercial sex act.

(32) "Suspicious physical injury” has the same meaning as defined in ORS 419B.023 (Karly's Law).

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 183.310, 418.257 - 418.259, 443.400 - 443.455, 409.050, 418.205 – 418.327, 418.747, 419B.005 - 419B.050, 409.185, 418.519 - 418.532 & 418.005
• OTIS 13-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0110, filed 10/30/2024, effective 11/01/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 4-2023, temporary amend filed 08/31/2023, effective 09/01/2023 through 02/27/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 4-2022, amend filed 03/05/2022, effective 03/05/2022
• DHS 19-2021, temporary amend filed 08/19/2021, effective 09/01/2021 through 02/27/2022
• DHS 11-2021, minor correction filed 07/01/2021, effective 07/01/2021
• DHS 9-2021, renumbered from 407-045-0820, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 35-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 13-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 5-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 14-2018, amend filed 06/29/2018, effective 06/30/2018
• DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
• DHSD 14-2017, amend filed 11/01/2017, effective 11/01/2017
• DHSD 8-2017(Temp), f. & cert. ef. 7-17-17 thru 1-12-18
• DHSD 8-2016, f. & cert. ef. 12-1-16
• DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• DHSD 12-2010, f. 12-30-10, cert. ef. 1-1-11
• DHSD 6-2010(Temp), f. & cert. ef. 7-12-10 thru 1-8-11
• DHSD 5-2010, f. 6-30-10, cert. ef. 7-1-10
• DHSD 4-2008, f. & cert. ef. 5-30-08
• DHSD 12-2007(Temp), f. & cert. ef.12-3-07 thru 5-30-08

Or. Admin. R. 419-210-0120 Screening Activities

(1) This rule describes the screening activities that an OTIS investigator must complete within three business days when a report is determined to be the responsibility of OTIS as provided in OAR chapter 413, division 015.

(2) Gather information. An OTIS investigator must:

(a) Ensure all of the following information has been gathered and documented:

(A) The type of alleged abuse and the circumstances surrounding the report.

(B) How the alleged abuse or the surrounding circumstances are reported to affect the safety of the alleged victim.

(b) Gather information from individuals who can provide information necessary to determine the appropriate OTIS response.

(c) Research Department history of each respondent for information about past or current Department involvement relevant to the current report of abuse.

(d) Inquire regarding possible Indian or Alaskan Native heritage of the child and follow OAR chapter 413, division 115 if applicable.

(e) Request relevant law enforcement records.

(f) Request relevant records pertaining to the alleged victim of abuse

(g) For the purposes of cross-reporting, determine the law enforcement agency jurisdiction based on where the abuse is alleged to have occurred.

(h) Determine if the report is related to the death of a child and comply with the ODHS Child Welfare "Fatality Protocol" if applicable.

(3) When screening activities in section (2) of this rule are complete, the OTIS investigator must:

(a) Determine the OTIS response as provided in OAR 419-210-0130;

(b) Make screening notifications as provided in OAR 419-210-0140.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 409.050, ORS 443.400 to 443.455, 409.185, 418.005, 418.257 – 418.259 & 419B.005 - 419B.050
• OTIS 14-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0120, filed 10/30/2024, effective 11/01/2024
• DHS 12-2021, minor correction filed 07/01/2021, effective 07/01/2021
• DHS 9-2021, renumbered from 407-045-0825, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 22-2019, minor correction filed 11/07/2019, effective 11/07/2019
• DHSD 14-2018, amend filed 06/29/2018, effective 06/30/2018
• DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
• DHSD 8-2016, f. & cert. ef. 12-1-16
• DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Or. Admin. R. 419-210-0130 Determining Response

(1) Based on information gathered in OAR 419-210-0120, an OTIS investigator must determine the OTIS response, which must be one of the following:

(a) An investigation is required under section (2) of this rule.

(b) An investigation is not required under section (2) of this rule and the report will be closed at screening as provided in section (4).

(c) Refer to other investigative authority as provided in section (5).

(2) Investigation required. An investigation is required when either:

(a) The OTIS investigator determines all of the following are true:

(A) The information alleged in the report meets the definition of abuse in ORS 419B.005 or ORS 418.257.

(B) At the time of the alleged abuse, the respondent was:

(i) A child-caring agency, proctor foster home, Office of Developmental Disability Services (ODDS) licensed group home, ODDS host home or ODDS foster home; or

(ii) An employee, contractor, or volunteer of a child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home.

(C) The alleged victim was a child at the time of the alleged abuse as defined in these rules (OAR chapter 419, division 210).

(b) The director of OTIS determines that the Department is authorized by Oregon law to investigate and it is in the best interest of child safety for OTIS to investigate under these rules (OAR chapter 419, division 210).

(3) If an investigation is required under section (2), an OTIS supervisor or designee determines the OTIS initial contact timeline. The initial contact timeline refers to the amount of time between when a report is assigned for investigation and when the OTIS investigator is required to attempt to contact the alleged victim. The OTIS supervisor or designee must consider whether the respondent poses a risk to the alleged victim or other children to whom the respondent has access. The initial contact timeline must be:

(a) Within 24 hours.

(b) Within 72 hours. This initial contact timeline must only be used when the OTIS investigator can clearly document how the information indicates that the safety of the child will not be compromised by not responding within 24 hours and whether an intentional delay to allow for a planned response is less likely to compromise the safety of the child.

(c) Within 10 business days. This response timeline must only be used when the report is historical abuse, and the respondent no longer has contact with the alleged victim and is not a caregiver for other children.

(d) An OTIS supervisor may change the OTIS response timeline. When changing from a response time to within 72 hours or within 10 business days the supervisor must explain in writing why the timeline was changed and how safety was considered when the change was approved.

(4) Close at screening.

(a) A report must be closed at screening when both of the following are true:

(A) The report was properly determined to be the responsibility of OTIS under OAR chapter 413, division 015.

(B) An investigation is not required under section (2) of this rule.

(b) OTIS supervisor or designee approval must be obtained when a report will be closed at screening.

(5) When a report is determined not to be the responsibility of OTIS under OAR chapter 413, division 015, OTIS must refer the report to the appropriate investigative authority. OTIS must follow mandatory reporting requirements of other Oregon Revised Statutes.

(a) If contact information was provided, the OTIS investigator must make diligent efforts to notify the reporter that the report was referred to another investigative authority.

(b) If other agencies were informed of the OTIS screening, the OTIS investigator must make diligent efforts to notify them of the referral to another investigative authority.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 419B.005 - 419B.050, 418.005, 418.257 – 418.259 & 409.185
• OTIS 15-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0130, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 13-2021, minor correction filed 07/01/2021, effective 07/01/2021
• DHS 9-2021, renumbered from 407-045-0835, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 35-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 14-2018, adopt filed 06/29/2018, effective 06/30/2018
• DHSD 17-2017, temporary adopt filed 12/28/2017, effective 01/01/2018 through 06/29/2018

Or. Admin. R. 419-210-0140 Notifications at the Conclusion of Screening

The OTIS investigator is responsible for making the following notifications when a report is assigned for investigation or closed at screening:

(1) Cross-report to local law enforcement agency as required in ORS 419B.015 by providing the full screening report.

(2) Make diligent efforts to notify the reporter that the report was assigned for investigation or closed at screening.

(3) When a report involves a child-caring agency or proctor foster home, the OTIS investigator must send the screening report to:

(a) Personnel designated to make notifications required in Oregon law and OAR 413-215-0136 (CCA Notifications); and

(b) The ODHS Child Welfare caseworker assigned to the child in the report, if applicable.

(4) When a report involves an ODDS licensed group home, ODDS host home, or ODDS foster home, the OTIS investigator must make the following notifications:

(a) Appropriate personnel within the Department.

(b) A representative designated by the ODDS licensed group home or ODDS host home.

(c) The Tribe as provided under OAR chapter 413, division 115 when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(d) Legal guardians of the child.

(5) Others as required or otherwise authorized including, but not limited to:

(a) Disability Rights Oregon when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability. (ORS 419B.035(1))

(b) Teacher Standards and Practices Commission as provided in ORS 419B.035.

(c) The Department of Early Learning and Care when required by ORS 419B.020 or ORS 419B.035.

(d) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(6) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

(7) The Department must not disclose the name and address of, and other identifying information about the reporter. The Department must make available any information necessary to ensure the safety of the child, including the name of the person who may have conducted the suspected abuse. Any person or entity to whom notification is made under this section may not release any information not authorized by this section.

History

• Statutory/Other Authority: ORS 409.050, 419B.035 & 418.005
• Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 409.225, 418.005, 418.257 – 418.259 & 419B.005 - 419B.050
• OTIS 16-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0140, filed 10/30/2024, effective 11/01/2024
• DHS 8-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 9-2021, renumbered from 407-045-0855, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 35-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 14-2018, adopt filed 06/29/2018, effective 06/30/2018
• DHSD 17-2017, temporary adopt filed 12/28/2017, effective 01/01/2018 through 06/29/2018

Or. Admin. R. 419-210-0150 Investigating Reports of Abuse

An OTIS investigator must attempt and, when possible, complete all of the following activities when a report has been assigned for investigation:

(1) The OTIS investigator must contact the responsible law enforcement agency, if applicable, as provided in ORS 419B.015, to establish if a criminal investigation is being conducted and jointly determine the roles and responsibilities of OTIS and the law enforcement agency in their respective investigations.

(2) Share information and coordinate with Department personnel or other appropriate entities who have responsibilities to the child associated with the report of abuse or the child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home.

(3) Make initial contact with the alleged victim of abuse within the OTIS initial contact timeline assigned at screening. When an alleged victim is currently a child the OTIS investigator must attempt to contact the alleged victim’s legal guardian within the OTIS initial contact timeline assigned at screening.

(4) The OTIS investigator must provide advanced notification to the Indian Tribe of any intent to make contact with an individual on a reservation.

(5) Attempt to interview the following:

(a) The alleged victim in the report. The OTIS investigator must notify the legal guardian of a child prior to any interview with a child, unless notification is prohibited by law or court order or would compromise safety or a criminal investigation.

(b) Any witnesses to the alleged abuse.

(c) The respondent or, when the respondent is a child-caring agency, ODDS licensed group home or ODDS host home, the individual responsible for the child-caring agency, ODDS licensed group home, or ODDS host home:

(A) Prior to requesting an investigative interview, the OTIS investigator must ensure the respondent is provided written notification.

(B) If the respondent refuses to be interviewed, this must be documented in the abuse investigation report.

(C) If the respondent does not respond to a request to be interviewed, at least three additional attempts to interview the respondent must be made:

(i) At least one of the additional three attempts must be made by phone to the last known phone number.

(ii) At least one of the additional three attempts must be made by mail to the last known address.

(iii) All attempts to contact the respondent must be documented in the abuse investigation report.

(d) Others who may have knowledge of the facts of the alleged abuse or related circumstances as determined appropriate by the OTIS investigator.

(6) Conduct interviews in person when practicable.

(7) Conduct interviews with alleged victims and witnesses alone (without the presence of employees of the child-caring agency, ODDS licensed group home, ODDS host home, proctor foster parent, ODDS foster parent or Department personnel) if determined appropriate by the OTIS investigator.

(8) Inform individuals being interviewed that they may decline to be interviewed.

(9) Inform any child being interviewed that the child may have present during the interview:

(a) The parent or guardian of the child, if the child has not been committed to the custody of the Department or Oregon Youth Authority;

(b) The attorney for the child; and

(c) Others the child wants present during the interview if the OTIS investigator determines the presence of the individual is appropriate.

(d) Comply with ORS 419B.045 when an interview or other contact will occur on public school premises.

(e) When interviewing a "foster child" as defined in ORS 418.200, inform the "foster child" of their right to have an attorney or court-appointed advocate of their choosing present for the interview.

(10) Obtain and review relevant material evidence, which includes, but is not limited to:

(a) Conducting a site visit to the child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home, that is the subject of the report of abuse or other relevant location as determined appropriate by the OTIS investigator.

(b) Receiving and/or reviewing photographs, video or audio records from the child-caring agency, proctor foster home, ODDS group home, ODDS host home, ODDS foster home, or the community.

(c) Receiving, reviewing, or copying records, documents and materials pertaining to the alleged victim of abuse including, but not limited to, incident reports, evaluations, treatment or support plans, treatment notes or progress records, or other documents as determined appropriate by the OTIS investigator.

(d) Receiving, reviewing, or copying relevant records, documents and materials pertaining to an employee, contractor, or volunteer of a child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home, including, but not limited to, personal contact information, employee records, records of past complaints or concerns and attendance records.

(e) Receiving, reviewing, or copying records, documents and materials pertaining to the respondent and anyone who resides in or frequents the child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home.

(f) Taking photographs as determined appropriate by the OTIS investigator.

(g) Receiving and reviewing relevant law enforcement records.

(11) When an OTIS investigator observes a child, who has suffered a suspicious physical injury and the OTIS investigator is certain or has reasonable suspicion that the injury is or may be the result of abuse, the OTIS investigator must comply with ORS 419B.023 (Karly’s Law). This includes:

(a) Identifying the protocols and procedures of the applicable county multidisciplinary child abuse team described in ORS 418.747; and

(b) Ensuring photographs are taken and medical assessments are pursued as provided in the applicable protocol.

(12) If any of the requirements in (1) through (11) of this rule cannot be met:

(a) Consult with an OTIS supervisor regarding the requirements that cannot be met;

(b) Obtain approval from an OTIS supervisor for deviating from the requirements of this rule; and

(c) Explain which requirements in this rule that cannot be met and document OTIS supervisor approval in the investigative report.

(13) If an OTIS investigator becomes aware of conditions that do not constitute abuse, but is or threatens a danger to any child at a child-caring agency or to the public, or places the health, safety, or welfare of a child at risk, immediately submit a ODHS Form 1303. This includes, but is not limited to, when an OTIS investigator has reason to believe a child-caring agency has not complied with the Department's background check rules as required in the Department's background check rules.

(14) If an OTIS investigator has reason to believe a crime has occurred, the crime must be immediately reported to law enforcement, even if the crime is unrelated to the report of abuse.

(15) When investigation activities are complete:

(a) Unless an exception in OAR 419-210-0160 (Exception to Completing an Investigation) applies, make an abuse determination as provided in OAR 419-210-0170;

(b) Issue an abuse investigation report as provided in OAR 419-210-0180; and

(c) Make notifications as provided in OAR 419-210-0190.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 418.257 – 418.259, 409.185, 418.005, 419B.005 – 419B.050, 418.200 - 418.202 & Senate Bill 1533 (2026 OL chapter 81, §§ 2, 3)
• OTIS 4-2026, amend filed 06/18/2026, effective 06/18/2026
• OTIS 17-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0150, filed 10/30/2024, effective 11/01/2024
• DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 14-2021, minor correction filed 07/01/2021, effective 07/01/2021
• DHS 9-2021, renumbered from 407-045-0885, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 35-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 13-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 5-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 14-2018, amend filed 06/29/2018, effective 06/30/2018
• DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
• DHSD 14-2017, amend filed 11/01/2017, effective 11/01/2017
• DHSD 8-2017(Temp), f. & cert. ef. 7-17-17 thru 1-12-18
• DHSD 8-2016, f. & cert. ef. 12-1-16
• DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Or. Admin. R. 419-210-0156 Investigating Reports of Wrongful Restraint or Involuntary Seclusion

When investigating an allegation of wrongful restraint or involuntary seclusion, the investigator must:

(1) Review all relevant incident reports related to the child-in-care and other reports related to the restraint or involuntary seclusion of the child-in-care;

(2) Review any audio, video or photographic recordings of the restraint or involuntary seclusion, including the circumstances immediately before and following the incident;

(3) Review the training records related to all of the individuals who were involved in the use of restraint or involuntary seclusion;

(4) Make all reasonable efforts to conduct interviews that are trauma-informed of each child witness, including the child in care who is the subject of suspected abuse unless the investigator makes a specific determination that the interview may significantly traumatize the child and is not in the best interests of the child. During an interview with the child-in-care who is the subject of the suspected abuse, ask the child about whether they experienced any reportable injury or pain as a result of the restraint or involuntary seclusion; and

(5) Conduct the interviews described in OAR 419-210-0150.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 409.050, 418.005, 443.400 - 443.455, 418.519 - 418.532, 409.185, 418.257 – 418.259 & 419B.005 – 419B.050
• OTIS 4-2026, amend filed 06/18/2026, effective 06/18/2026
• OTIS 18-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0156, filed 10/30/2024, effective 11/01/2024
• DHS 9-2022, minor correction filed 04/25/2022, effective 04/25/2022
• DHS 4-2022, adopt filed 03/05/2022, effective 03/05/2022

Or. Admin. R. 419-210-0160 Exception to Completing an Investigation

(1) The OTIS Supervisor may determine that an assigned report does not require an investigation or abuse determination under the following exceptions:

(a) The report was assigned for investigation in error; or

(b) The OTIS investigator received information after the report was assigned for investigation and that information, in combination with the corresponding screening report, no longer constitutes a report of abuse as defined in ORS 418.257 or ORS 419B.005. This exception may be used only when the OTIS investigator and an OTIS supervisor or designee determine the information:

(A) Relates directly to and specifically negates all allegations in the screening report; and

(B) Is considered on the basis of the objectivity of the individual providing the information and the quality of the information.

(2) An investigation must be completed when the OTIS investigator has already interviewed the alleged victim, unless the alleged victim is the reporter.

(3) The OTIS investigator must document the exception and:

(a) Explain the basis for the determination that an OTIS investigation is no longer required; and

(b) Document the name of the OTIS supervisor who was consulted and approved an exception under this rule.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 409.050, ORS 443.400 to 443.455, 409.185, 418.005, 418.257 – 418.259 & 419B.005 – 419B.050
• OTIS 19-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0160, filed 10/30/2024, effective 11/01/2024
• DHS 9-2021, renumbered from 407-045-0886, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 24-2019, minor correction filed 11/07/2019, effective 11/07/2019
• DHSD 14-2018, amend filed 06/29/2018, effective 06/30/2018
• DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
• DHSD 8-2016, f. & cert. ef. 12-1-16

Or. Admin. R. 419-210-0170 Abuse Determination

(1) Abuse Determination Requirements.

(a) Except as provided in OAR 419-210-0160 (Exception to Completing an Investigation), an abuse determination must be made for all reports of abuse that are determined to require an investigation under OAR 419-210-0130.

(b) When making an abuse determination the standard of proof is reasonable cause to believe.

(c) Based on the available evidence after conducting an investigation, the possible abuse determinations are:

(A) "Substantiated", which means there is reasonable cause to believe the abuse occurred.

(B) "Unsubstantiated", which means there is no evidence the abuse occurred.

(C) "Inconclusive", which means there is some indication that the abuse occurred but there is insufficient evidence to conclude that there is reasonable cause to believe that the abuse occurred. The “Inconclusive” determination may only be used in the following circumstances:

(i) After extensive efforts have been made, the OTIS investigator is unable to locate the alleged victim; or

(ii) After completing the investigation, there is insufficient information to support an abuse determination of substantiated or unsubstantiated and the alleged victim is unable or unwilling to provide consistent information; or there is conflicting information from collateral contacts.

(2) Except as provided in section (4) of this rule, abuse of a child, for the purpose of making an abuse determination on a report subject to ORS 419B.005, means:

(a) Child selling, including the selling of a child that consists of buying, selling, bartering, trading, or offering to buy or sell the legal or physical custody of a child.

(b) Mental injury which shall include only cruel or unconscionable acts or statements made, or threatened to be made, to a child if the acts, statements or threats result in severe harm to the child’s psychological, cognitive, emotional or social well-being and functioning.

(c) Neglect, including failure, through action or omission, to provide and maintain adequate food, clothing, shelter, medical care, supervision, protection, or nurturing that is likely to endanger the health or welfare of the child. Neglect may include but is not limited to the following:

(A) Physical neglect, which includes each of the following:

(i) Failing to provide for the child's basic physical needs including adequate shelter, food, and clothing.

(ii) Permitting a child to enter or remain in or upon premises where methamphetamines are being manufactured.

(iii) Unlawful exposure of a child to a controlled substance, as defined in ORS 475.005, or to the unlawful manufacturing of a cannabinoid extract, as defined in ORS 475C.009, that subjects a child to a substantial risk of harm to the child's health or safety. When the OTIS investigator is making a determination of physical neglect based on a substantial risk of harm to the child's health due to unlawful exposure to a substance, this determination must be consistent with medical findings.

(B) Medical neglect is a refusal or failure to seek, obtain, or maintain necessary medical, dental, or mental health care. Medical neglect includes withholding medically indicated treatment from infants who have disabilities and life-threatening conditions. However, failure to provide a child with immunizations or routine care alone does not constitute medical neglect. When the OTIS investigator is making a determination of medical neglect, this determination must be consistent with medical findings.

(C) Lack of supervision and protection, including failure to provide supervision and protection appropriate to the child's age, mental ability, and physical condition.

(D) Desertion, which includes the respondent leaving the child with another person and failing to reclaim the child, or respondent failure to provide information about their whereabouts, providing false information about their whereabouts, or failing to establish a legal guardian or custodian for the child.

(E) Psychological neglect, which includes serious inattention to the child's need for affection, support, nurturing, or emotional development. The respondent’s behavior must be related to the observable and severe harm of the child's psychological, cognitive, emotional, or social well-being and functioning.

(d) Physical abuse, including an injury to a child that is inflicted or allowed to be inflicted by non-accidental means that results in harm. Physical abuse may include injury that could not reasonably be the result of the explanation given. Physical abuse may also include injury that is a result of discipline or punishment. Examples of injuries that may result from physical abuse include, but are not limited to:

(A) Head injuries;

(B) Bruises, cuts, lacerations;

(C) Internal injuries;

(D) Burns or scalds;

(E) Injuries to bone, muscle, cartilage, and ligaments;

(F) Poisoning;

(G) Electrical shock; and

(H) Death.

(e) Sexual abuse, which includes:

(A) A person's use of a child for the person's own sexual gratification, the sexual gratification of another person, or the sexual gratification of the child. Sexual abuse includes incest, rape, sodomy, sexual penetration, fondling, and voyeurism.

(B) Sexual exploitation, including, but not limited to, the use of a child in a sexually explicit way for personal gain to make money, in exchange for goods, services, or drugs, or to gain status. Sexual exploitation also includes using children in prostitution or using children to create pornography.

(C) Sex trafficking.

(f) Threat of harm, including all activities, conditions, and circumstances that place the child at threat of severe harm of physical abuse, sexual abuse, neglect, mental injury, or other abuse.

(3) Except as provided in section (4) of this rule, abuse of a child-in-care, for the purpose of making an abuse determination on a report subject to ORS 418.257, includes, among others, the following:

(a) Abandonment, including desertion or willful forsaking of a child-in-care, or the withdrawal or neglect of duties and obligations owed a child-in-care by a, child-caring agency, proctor foster parent, ODDS licensed group home, ODDS host home, ODDS foster parent, other individual, or an employee, volunteer, or contractor of a child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home.

(b) Financial exploitation.

(A) Financial exploitation includes:

(i) Wrongfully taking the assets, funds, or property belonging to or intended for the use of a child-in-care.

(ii) Alarming a child-in-care by conveying a threat to wrongfully take or appropriate moneys or property of the child-in-care if the child-in-care would reasonably believe that the threat conveyed would be carried out.

(iii) Misappropriating, misusing, or transferring without authorization any moneys from any account held jointly or singly by a child-in-care.

(iv) Failing to use the income or assets of a child-in-care effectively for the support and maintenance of the child-in-care.

(B) Financial exploitation does not include age-appropriate discipline that may involve the threat to withhold, or the withholding of, privileges.

(c) The use of involuntary seclusion of a child-in-care in violation of ORS 418.521 or ORS 418.523.

(d) Neglect:

(A) Neglect includes:

(i) Failure to provide the care, supervision, or services necessary to maintain the physical and mental health of a child-in-care; or

(ii) The failure of a child-caring agency, proctor foster parent, ODDS licensed group home, ODDS host home, ODDS foster parent, other person, or an employee, contractor, or volunteer of a child-caring agency, proctor foster home, ODDS licensed group home ODDS host home, or ODDS foster home to make a reasonable effort to protect a child-in-care from abuse.

(B) For purposes of this subsection, "services" includes, but is not limited to, the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of a child-in-care.

(e) Physical abuse, which includes:

(A) Any physical injury to a child-in-care caused by other than accidental means, or that appears to conflict with the explanation given of the injury; or

(B) Willful infliction of physical pain or injury upon a child-in-care.

(f) Sexual abuse:

(A) Sexual abuse includes:

(i) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465, 163.467, or 163.525;

(ii) Sexual harassment, sexual exploitation, or inappropriate exposure to sexually explicit material or language;

(iii) Any sexual contact between a child-in-care and an employee of a child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, ODDS foster home, or other person responsible for the provision of care or services to a child-in-care;

(iv) Any sexual contact between a person and a child-in-care that is unlawful under ORS chapter 163 and not subject to a defense under that chapter; and

(v) Any sexual contact that is achieved through force, trickery, threat, or coercion.

(B) For purposes of this subsection, "sexual exploitation," as defined in ORS 419B.005(1)(a)(E), includes, but is not limited to:

(i) Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any other conduct that allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition that, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 or described in ORS 163.665 and ORS 163.670, sexual abuse involving a child or rape of a child, but not including any conduct that is part of any investigation conducted pursuant to ORS 419B.020 or that is designed to serve educational or other legitimate purposes; and

(ii) Allowing, permitting, encouraging or hiring a child to engage in prostitution as described in ORS 167.007 or a commercial sex act as defined in ORS 163.266, to purchase sex with a minor as described in ORS 163.413 or to engage in commercial sexual solicitation as described in ORS 167.008.

(C) For purposes of this subsection, "sexual contact," as defined in ORS 163.305, means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

(g) Verbal abuse:

(A) Verbal abuse includes threatening severe harm, either physical or emotional, to a child-in-care through the use of:

(i) Derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule; or

(ii) Harassment, coercion, threats, compelling or deterring conduct by threats, humiliation, mental cruelty, or inappropriate sexual comments.

(B) Verbal abuse does not include age-appropriate discipline that may involve the threat to withhold privileges.

(h) The use of restraint of a child-in-care in violation of ORS 418.521 or ORS 418.523.

(A) ODHS may not substantiate an allegation of abuse against a respondent for the sole reason their certification issued under ORS 418.529 is not current.

(B) "Restraint" means as defined in ORS 418.519.

(4) Abuse does not include reasonable discipline unless the discipline results in one of the conditions described in sections (2) or (3) of this rule.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 419B.005 – 419B.050, 418.005, 418.257 – 418.259, 418.519 - 418.532, 409.185 & Senate Bill 1532 (2026 Oregon Law chapter 28, §19)
• OTIS 6-2026, amend filed 07/20/2026, effective 07/20/2026
• OTIS 3-2026, amend filed 05/28/2026, effective 05/28/2026
• OTIS 4-2025, temporary amend filed 12/22/2025, effective 01/01/2026 through 06/29/2026
• OTIS 20-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0170, filed 10/30/2024, effective 11/01/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 4-2023, temporary amend filed 08/31/2023, effective 09/01/2023 through 02/27/2024
• DHS 10-2022, minor correction filed 04/25/2022, effective 04/25/2022
• DHS 4-2022, amend filed 03/05/2022, effective 03/05/2022
• DHS 19-2021, temporary amend filed 08/19/2021, effective 09/01/2021 through 02/27/2022
• DHS 15-2021, minor correction filed 07/01/2021, effective 07/01/2021
• DHS 9-2021, renumbered from 407-045-0887, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 4-2020, amend filed 03/27/2020, effective 03/27/2020
• DHSD 1-2020, temporary amend filed 01/17/2020, effective 01/17/2020 through 07/14/2020
• DHSD 25-2019, minor correction filed 11/07/2019, effective 11/07/2019
• DHSD 30-2018, minor correction filed 11/26/2018, effective 11/26/2018
• DHSD 14-2018, amend filed 06/29/2018, effective 06/30/2018
• DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
• DHSD 8-2016, f. & cert. ef. 12-1-16

Or. Admin. R. 419-210-0180 Abuse Investigation Report

(1) Timeline to Complete the Abuse Investigation Report. Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete and electronically submit the abuse investigation report for supervisor approval within 60 calendar days from the date the report was assigned for investigation.

(a) An OTIS supervisor must review and approve the completed abuse investigation report within five business days of the electronic submission by the OTIS investigator.

(b) An extension to the timeline may be granted when:

(A) An OTIS supervisor may approve a one-time 30 calendar day extension when good cause is shown, such as when critical information necessary to make an abuse determination is outstanding.

(B) The director of OTIS or designee may approve additional extensions only for reasons beyond the control of OTIS, such as to allow a law enforcement investigation to proceed.

(C) When an extension is granted, the OTIS investigator must notify relevant entities of the approved extension and the new due date for the report's completion. The notification is provided to a representative for the child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home associated with the report except when it could compromise a child’s safety or a criminal investigation.

(2) Contents of the Abuse Investigation Report. The OTIS investigator must prepare a written report that includes all of the following:

(a) A description of the allegation of abuse being investigated, including the date, location, and time if known.

(b) An outline of steps taken and information gathered in the investigation including, but not limited to, a list of all witnesses interviewed and summary of information obtained from interviews and list of sources of information reviewed, such as records, documents, reports, and summary of information obtained from those information sources.

(c) A specific determination of whether the abuse allegation is “Substantiated”, “Unsubstantiated”, or “Inconclusive” as provided in OAR 419-210-0170 and the basis for that determination.

(d) A list of all individuals and entities notified under OAR 419-210-0190.

(e) The name and title of the individual completing the abuse investigation report.

(f) Documentation that an OTIS supervisor has reviewed and approved the abuse investigation report.

(3) The failure of OTIS to include all elements of sections (1) and (2) does not invalidate the written report or abuse determination.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 409.050, ORS 443.400 to 443.455, 409.185, 418.005, 418.257 – 418.259 & 419B.005 – 419B.050
• OTIS 21-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0180, filed 10/30/2024, effective 11/01/2024
• DHS 16-2021, minor correction filed 07/01/2021, effective 07/01/2021
• DHS 9-2021, renumbered from 407-045-0890, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 35-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 14-2018, amend filed 06/29/2018, effective 06/30/2018
• DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
• DHSD 8-2016, f. & cert. ef. 12-1-16
• DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• DHSD 5-2010, f. 6-30-10, cert. ef. 7-1-10
• DHSD 4-2008, f. & cert. ef. 5-30-08
• DHSD 12-2007(Temp), f. & cert. ef.12-3-07 thru 5-30-08

Or. Admin. R. 419-210-0190 Notifications at the Conclusion of an Investigation

After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications:

(1) OTIS must notify law enforcement of the abuse determination and may provide a unredacted copy of the abuse investigation report.

(2) OTIS must make diligent efforts to notify the reporter, if contact information was provided, of the following information:

(a) Whether contact with the child was made; and

(b) Whether OTIS determined abuse occurred

(3) OTIS must notify the respondent when:

(a) A report is determined to be “Unsubstantiated” or “Inconclusive” (see OAR 419-210-0170), OTIS must provide written notice to the respondent.

(b) A report is determined to be “Substantiated” (see OAR 419-210-0170), OTIS must send a Notice of Abuse Determination (as described in ORS 183.415) to the respondent by:

(A) Regular mail and certified mail with return receipt requested.

(B) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(C) A copy of the Notice of Abuse Determination must also be provided to the respondent's attorney, if applicable.

(c) Information on how to request a redacted copy of a substantiated report must be included in the Notice of Abuse Determination sent to the respondent. The information must state the conditions for when the respondent may make this request.

(4) When a report involves a child-caring agency or proctor foster home, the OTIS investigator must send the investigation report to personnel designated (CCA Notifications) to make notifications required in Oregon law and OAR 413-215-0136.

(5) When a report involves an ODDS licensed group home, ODDS host home, or ODDS foster home the OTIS investigator must make the following notifications:

(a) Appropriate personnel within the Department.

(b) The ODDS licensed group home or ODDS host home.

(c) The Tribe (as provided under OAR chapter 413, division 115) when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(d) Legal guardian of the child.

(e) If the report was “Substantiated” OTIS must notify:

(A) The Director of the Department;

(B) The Director of Child Welfare; and

(C) The Director of the Office of Developmental Disabilities Services.

(6) Others as required or otherwise authorized including, but not limited to:

(a) Disability Rights Oregon when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability (ORS 419B.035(1)).

(b) Teacher Standards and Practices Commission as provided in ORS 419B.035.

(c) The Department of Early Learning and Care when required by ORS 419B.020 or ORS 419B.035.

(d) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(7) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

History

• Statutory/Other Authority: ORS 409.050, 418.005 & 419B.035
• Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 409.185, ORS 419B.027, 419B.005 – 419B.050, 418.005 & 418.257 – 428.259
• OTIS 22-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0190, filed 10/30/2024, effective 11/01/2024
• DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 9-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 20-2021, minor correction filed 08/19/2021, effective 08/19/2021
• DHS 9-2021, renumbered from 407-045-0895, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 35-2019, amend filed 12/30/2019, effective 01/01/2020
• DHSD 13-2019, amend filed 08/01/2019, effective 08/01/2019
• DHSD 5-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
• DHSD 29-2018, amend filed 10/31/2018, effective 11/01/2018
• DHSD 22-2018, temporary amend filed 07/10/2018, effective 07/10/2018 through 01/05/2019
• DHSD 20-2018, minor correction filed 07/02/2018, effective 07/02/2018
• DHSD 15-2018, minor correction filed 07/02/2018, effective 07/02/2018
• DHSD 7-2018, amend filed 04/27/2018, effective 04/28/2018
• DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
• DHSD 14-2017, amend filed 11/01/2017, effective 11/01/2017
• DHSD 8-2017(Temp), f. & cert. ef. 7-17-17 thru 1-12-18
• DHSD 8-2016, f. & cert. ef. 12-1-16
• DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Or. Admin. R. 419-210-0200 Confidentiality

Information gathered and records and reports compiled during an OTIS investigation are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed.

History

• Statutory/Other Authority: ORS 409.050 & 418.005
• Statutes/Other Implemented: ORS 409.050, ORS 443.400 to 443.455, 409.185, 409.225, 418.015, 419B.005 - 419B.050 & 419B.035
• OTIS 23-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 13-2024, renumbered from 407-046-0200, filed 10/30/2024, effective 11/01/2024
• DHS 9-2021, renumbered from 407-045-0955, filed 07/01/2021, effective 07/01/2021
• DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
• DHSD 28-2019, minor correction filed 11/07/2019, effective 11/07/2019
• DHSD 7-2018, amend filed 04/27/2018, effective 04/28/2018
• DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
• DHSD 8-2016, f. & cert. ef. 12-1-16
• DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Division 220 CHILD ABUSE INVESTIGATIONS IN CHILD CARE

Or. Admin. R. 419-220-0100 Purpose and Scope

The Department receives reports of abuse of children and screens them to determine the response required under ORS chapter 419B. The purpose of these rules, OAR chapter 419, division 220, is to describe:

(1) The circumstances under which the Office of Training, Investigations and Safety (OTIS) is responsible to respond to a report of child abuse of a child involving a caregiver, household member, contractor, or volunteer of a child care and

(2) The requirements for screening and investigating a report of alleged child abuse received by the Department effective June 1, 2020 that is the responsibility of OTIS.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 24-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0400, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0110 Definitions

Unless the context indicates otherwise, the following definitions apply to these rules, OAR chapter 419, division 220:

(1) "Abuse" has the same meaning as defined in ORS 419B.005 (see OAR 419-220-0170(2)).

(2) "Abuse determination" means the determination OTIS makes after an investigation under these rules (OAR chapter 419, division 220) that a report of abuse is founded, unfounded or unable to determine as described in OAR 419-220-0170.

(3) "Abuse investigation report" means the report the OTIS investigator completes as provided in OAR 419-220-0180 on a report of abuse that is determined to require an investigation under OAR 419-220-0130(1)(a).

(4) “Alleged victim” means the child who is reported, alleged or determined to be subjected to abuse under these rules (OAR chapter 419, division 220).

(5) “Business days” means all consecutive calendar days, not counting Saturdays, Sundays and legal holidays as defined in ORS 187.010.

(6) "Child" means an unmarried person who:

(a) Is under 18 years of age; or

(b) Is a child in care, as defined in ORS 418.257.

(7) “Child Care” means each of the following:

(a) A Registered Family Child Care Home, which is the residence of a provider who has a current Family Child Care Registration at that address and who provides care in the family living quarters.

(b) A Certified Family Child Care Home, which is a child care facility located in a building constructed as a single-family dwelling that has certification to care for a maximum of 16 children at any one time.

(c) A Certified Child Care Center, which is certified to care for 13 or more children, or a facility that is certified to care for twelve or fewer children and located in a building constructed as other than a single-family dwelling.

(d) A Regulated Subsidy Provider, which is a child care provider that is exempt from Department of Early Learning and Care licensing and that receives subsidy payments for child care on behalf of clients of the Department.

(e) Other facilities that are operating as a Registered Family Care Home, Certified Family Child Care Home, Certified Child Care Center, or Regulated Subsidy Provider without a certification or registration when a certification or registration is required by the Department of Early Learning and Care.

(8) "Caregiver" means any person in the child care who works directly with the children, providing care, supervision, and guidance.

(9) “Contractor” means a person who:

(a) Provides services to a child care provider in a manner that requires the person to have direct, unsupervised contact with children; and

(b) Interacts with a child because of the person’s status as a contractor for a child care provider.

(10) "Department" means the Oregon Department of Human Services (ODHS).

(11) "Indian child" as defined in 25 U.S.C. § 1903(4) means any unmarried individual who is under age 18 and either:

(a) Is a member or citizen of an Indian Tribe; or

(b) Is eligible for membership or citizenship in an Indian Tribe and is the biological child of a member or citizen of an Indian Tribe.

(12) “Household member” means an adult who lives in the child care and is not a child care caregiver, contractor, or volunteer.

(13) “Investigation” as defined in ORS 419B.005(4) means a detailed inquiry into or assessment of the safety of a child alleged to have experienced abuse. “Investigation” does not include screening activities conducted upon the receipt of a report.

(14) “Law enforcement agency” has the same meaning as defined in ORS 419B.005(5).

(15) “Legal guardian” means for an individual under the age of 18, the parent, unless a court appoints another person or agency to act as the individual's guardian.

(16) "OTIS investigator" means a Department: Office of Training, Investigations and Safety (OTIS) employee who is authorized and receives OTIS approved training to screen or investigate reports of abuse under OAR chapter 419, division 220.

(17) "OTIS response" means how OTIS will respond to a report of abuse that is determined at the conclusion of the OTIS screening process.

(18) “Reasonable cause” means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts. (ORS 419B.150)

(19) "Reasonable suspicion" for purposes of complying with ORS 419B.023 (Karly's Law) means a reasonable belief given all the circumstances, based upon specific and describable facts, that the suspicious physical injury may be the result of abuse.

(20) “Redacted” means information deemed confidential under state or federal law has been protected from view.

(21) "Reporter" means an individual who makes a report of suspected child abuse to the Department.

(22) "Respondent" means the adult alleged to have committed abuse.

(23) "Screening" means the process used by OTIS to determine the response to reports that are determined to be the responsibility of OTIS.

(24) "Severe harm" as defined in ORS 419B.150 means:

(a) Life threatening damage; or

(b) Significant or acute injury to a person’s physical, sexual, or psychological functioning.

(25) "Sex trafficking" as defined in ORS 418.322(1)(b) means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of an individual under the age of 18 for the purpose of a commercial sex act.

(26) "Suspicious physical injury" has the same meaning as defined in ORS 419B.023 (Karly's Law).

(27) “Volunteer” means a person who:

(a) Acts as a volunteer for a child care; and

(b) Interacts with a child because of the person’s status as a volunteer of a child care.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 25-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0410, filed 10/30/2024, effective 11/01/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 4-2023, temporary amend filed 08/31/2023, effective 09/01/2023 through 02/27/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0120 Screening Activities

(1) This rule describes the screening activities that an OTIS investigator must complete within three business days when a report is determined to be the responsibility of OTIS as provided in OAR chapter 413, division 015.

(2) Gather information. An OTIS investigator must:

(a) Ensure all of the following information has been gathered and documented:

(A) The type of alleged abuse and the circumstances surrounding the report.

(B) How the alleged abuse or the surrounding circumstances are reported to affect the safety of the alleged victim.

(b) Gather information from individuals who can provide information necessary to determine the appropriate OTIS response.

(c) Research Department history of each respondent for information about past or current Department involvement relevant to the current report of abuse.

(d) Inquire regarding possible Indian or Alaskan Native heritage of the child and follow OAR chapter 413, division 115 if applicable.

(e) Request relevant law enforcement records.

(f) Request relevant records from the child care pertaining to the alleged victim of abuse.

(g) For the purposes of cross-reporting, determine the law enforcement agency jurisdiction based on where the abuse is alleged to have occurred.

(h) Determine if the report is related to the death of a child and comply with the ODHS Child Welfare "Fatality Protocol" if applicable.

(3) When screening activities in section (2) of this rule are complete, the OTIS investigator must:

(a) Determine the OTIS response as provided in OAR 419-220-0130; and

(b) Make screening notifications as provided in OAR 419-220-0140.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 26-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0420, filed 10/30/2024, effective 11/01/2024
• DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0130 Determining Response

(1) Based on information gathered in OAR 419-220-0120, an OTIS investigator must determine the OTIS response, which must be one of the following:

(a) An investigation is required under section (2) of this rule.

(b) An investigation is not required under section (2) of this rule and the report will be closed at screening as provided in section (4).

(c) Refer to other investigative authority as provided in section (5).

(2) Investigation required. An investigation is required when:

(a) The information alleged in the report meets the definition of abuse in ORS 419B.005.

(b) At the time of the alleged abuse, the respondent was a caregiver, household member, contractor, or volunteer of a child care.

(c) The alleged victim was a child at the time of the alleged abuse, as defined in these rules (OAR chapter 419, division 220).

(d) The relationship the respondent had with the alleged victim was due to the respondent’s role as a caregiver, household member, contractor, or volunteer of a child care.

(e) If conditions in (2)(a-d) are not met, then the director of OTIS may determine that the Department is authorized by ORS 419B to investigate and it is in the best interest of child safety for OTIS to investigate under these rules (OAR chapter 419, division 220).

(3) If an investigation is required under section (2) an OTIS supervisor or designee determines the OTIS initial contact timeline. The initial contact timeline refers to the amount of time between when a report is assigned for investigation and when the OTIS investigator is required to attempt to contact the alleged victim. The OTIS supervisor or designee must consider whether the respondent poses a risk to the alleged victim or other children to whom the respondent has access. The initial contact timeline must be:

(a) Within 24 hours.

(b) Within 72 hours. This response timeline must only be used when the OTIS investigator can clearly document how the information indicates that the safety of the child will not be compromised by not responding within 24 hours and whether an intentional delay to allow for a planned response is less likely to compromise the safety of the child.

(c) Within 10 business days. This response timeline must only be used when the report is historical abuse, and the respondent no longer has contact with the alleged victim and is not in a caregiving role for other children.

(d) An OTIS supervisor may change the OTIS initial contact timeline to within 72 hours or within 10 business days. The supervisor must explain in writing why the timeline was changed and how safety was considered when the change was approved.

(4) Close at screening.

(a) A report must be closed at screening when both of the following are true:

(A) The report was properly determined to be the responsibility of OTIS under OAR chapter 413, division 015.

(B) An investigation is not required under section (2) of this rule.

(b) OTIS supervisor or designee approval must be obtained when a report will be closed at screening.

(5) When a report is determined not to be the responsibility of OTIS under OAR chapter 413 division 015, OTIS must refer the report to the appropriate investigative authority and follow mandatory reporting requirements.

(a) If contact information was provided, the OTIS investigator must make diligent efforts to notify the reporter that the report was referred to another investigative authority.

(b) If other agencies were informed of the OTIS screening, the OTIS investigator must make diligent efforts to notify them of the referral to another investigative authority.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 27-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0430, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0140 Notifications at the Conclusion of Screening

The OTIS investigator is responsible for making the following notifications when a report is assigned for investigation or closed at screening:

(1) Cross-report to local law enforcement agency as required in ORS 419B.015 by providing the full screening report.

(2) Department of Early Learning and Care as required by ORS 419B.020(1).

(3) Department of Human Services: Self-Sufficiency Child Care Policy Unit.

(4) Make diligent efforts to notify the reporter that the report was assigned for investigation or closed at screening.

(5) Others as required or otherwise authorized including, but not limited to:

(a) The Tribe as provided under OAR chapter 413, division 115 when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(b) Disability Rights Oregon when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability (ORS 419B.035(1)).

(c) The Office of Developmental Disabilities Services (ODDS) when a report involves a home certified by ODDS or a child receiving services from ODDS.

(d) The Teacher Standards and Practices Commission if the Department believes the child care caregiver, household member, contractor, or volunteer is licensed or registered by the commission. (ORS 419B.035)

(e) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(6) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

(7) The Department must not disclose the name and address of, and other identifying information about the reporter. The Department must make available any information necessary to ensure the safety of the child, including the name of the child care and the name of the person who may have conducted the suspected abuse. Any person or entity to whom notification is made under this subsection may not release any information not authorized by this subsection.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 28-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0440, filed 10/30/2024, effective 11/01/2024
• DHS 12-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0150 Investigating Reports of Abuse

An OTIS investigator must attempt and, when possible, complete all of the following activities when a report has been assigned for investigation:

(1) The OTIS investigator must contact the responsible law enforcement agency, as provided in ORS 419B.015, to establish if a criminal investigation is being conducted and jointly determine the roles and responsibilities of OTIS and the law enforcement agency in their respective investigations.

(2) The OTIS investigatormust notify and coordinate with the Compliance Unit of the Department of Early Learning and Care as required by ORS 419B.020(1).

(3) Share information and coordinate with Department personnel or other appropriate entities who have responsibilities to children associated with the report of abuse.

(4) Make initial contact with the alleged victim’s legal guardian and the alleged victim of abuse within the OTIS initial contact timeline assigned at screening.

(5) The OTIS investigator must communicate with owner, executive director, operator or central administrator of the child careat the beginning of the investigation to notify them of the allegations, arrange for access to the child care, plan interviews that will take place at the child care, and gain access to names of other children and their parents who may have been a witness or could be a collateral source for the OTIS investigation. The OTIS investigatoris not required to communicate with the owner, executive director, operator, or central administrator of the child careif it could compromise a child's safety or a criminal investigation.

(6) The OTIS investigator must provide advanced notification to the Indian Tribe of any intent to make contact with an individual on a reservation.

(7) Attempt to interview the following:

(a) The alleged victim in the report. The OTIS investigator must notify the legal guardian of a child prior to any interview with a child, unless notification is prohibited by law or court order or would compromise safety or a criminal investigation.

(b) Any witnesses to the alleged abuse.

(c) The respondent.

(A) Prior to requesting an investigative interview, the OTIS investigator must ensure the respondent is provided written notification.

(B) If the respondent refuses to be interviewed, this must be documented in the abuse investigation report.

(C) If the respondent does not respond to a request to be interviewed, at least three additional attempts to interview the respondent must be made:

(i) At least one of the additional three attempts must be made by phone to the last known phone number.

(ii) At least one of the additional three attempts must be made by mail to the last known address.

(iii) All attempts to contact the respondent must be documented in the abuse investigation report.

(d) Others who may have knowledge of the facts of the alleged abuse or related circumstances as determined appropriate by the OTIS investigator.

(8) Conduct interviews in person when practicable.

(9) When interviewing a “foster child” as defined in ORS 418.200, inform the “foster child” of their right to have an attorney or court-appointed advocate of their choosing present for the interview.

(10) Conduct interviews with alleged victims and witnesses without the presence of caregivers, household members, contractors, or volunteers of the child care if determined appropriate by the OTIS investigator.

(11) Inform individuals being interviewed that they may decline to be interviewed.

(12) Comply with ORS 419B.045 when an interview or other contact will occur on public school premises.

(13) Obtain and review relevant material evidence, which includes, but is not limited to:

(a) Conducting a site visit to the child care that is the subject of the report of abuse or other relevant location as determined appropriate by the OTIS investigator.

(b) Receiving and/or reviewing video or audio records from the child care or the community.

(c) Receiving, reviewing, or copying records, documents and materials pertaining to the alleged victim of abuse including, but not limited to, incident reports, evaluations, Individual Family Services Plan (IFSP), Individual Education Plan (IEP), attendance records, or other documents as determined appropriate by the OTIS investigator.

(d) Receiving, reviewing, or copying records, documents and materials pertaining to the child care or any of the child care’s caregivers, household members, contractors, or volunteers including, but not limited to, performance reviews, employee records, records of past complaints or concerns and attendance records.

(e) Receiving, reviewing, or copying records, documents and materials pertaining to the respondent and anyone who resides in or frequents the child care.

(f) Taking photographs as determined appropriate by the OTIS investigator.

(g) Receiving and reviewing relevant law enforcement records.

(14) When an OTIS investigator observes a child, who has suffered a suspicious physical injury and the OTIS investigator is certain or has reasonable suspicion that the injury is or may be the result of abuse, the OTIS investigator must comply with ORS 419B.023 (Karly's Law). This includes:

(a) Identifying the protocols and procedures of the applicable county multidisciplinary child abuse team described in ORS 418.747; and

(b) Ensuring photographs are taken and medical assessments are pursued as provided in the applicable protocol.

(15) If any of the requirements in (1) through (13) of this rule cannot be met:

(a) Consult with an OTIS supervisor regarding the requirements that cannot be met;

(b) Obtain approval from an OTIS supervisor for deviating from the requirements of this rule; and

(c) Explain which requirements in this rule that cannot be met and document OTIS supervisor approval in the investigative report.

(16) When investigation activities are complete:

(a) Unless an exception in OAR 419-220-0160 (Exception to Completing an Investigation) applies, make an abuse determination as provided in OAR 419-220-0170;

(b) Issue an abuse investigation report as provided in OAR 419-220-0180; and

(c) Make notifications as provided in OAR 419-220-0190.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050, 418.200 - 418.202 & Senate Bill 1533 (2026 OL chapter 81, §§ 2, 3)
• OTIS 4-2026, amend filed 06/18/2026, effective 06/18/2026
• OTIS 29-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0450, filed 10/30/2024, effective 11/01/2024
• DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024
• DHS 13-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0160 Exception to Completing an Investigation

(1) The OTIS Supervisor may determine that an assigned report does not require an investigation under the following exceptions:

(a) The report was assigned for investigation in error; or

(b) The OTIS investigator received information after the report was assigned for investigation and that information, in combination with the corresponding screening report, no longer constitutes a report of abuse as defined in ORS 419B.005. This exception may be used only when the OTIS investigator and an OTIS supervisor or designee determine the information:

(A) Relates directly to and specifically negates all allegations in the screening report; and

(B) Is considered on the basis of the objectivity of the individual providing the information and the quality of the information.

(2) An investigation must be completed when the OTIS investigator has already interviewed the alleged victim, unless the alleged victim is the reporter.

(3) The OTIS investigator must document the exception and:

(a) Explain the basis for the determination that an OTIS investigation is no longer required; and

(b) Document the name of the OTIS supervisor who was consulted and approved an exception under this rule.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 30-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0460, filed 10/30/2024, effective 11/01/2024
• DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0170 Abuse Determination

(1) Except as provided in OAR 419-220-0160 (Exception to Completing an Investigation), an abuse determination must be made for all reports of abuse that are determined to require an investigation under OAR 419-220-0130.

(a) When making an abuse determination, the standard of proof is reasonable cause to believe.

(b) Based on the available evidence after conducting an investigation, the possible abuse determinations are:

(A) "Founded,” which means there is reasonable cause to believe the abuse occurred.

(B) "Unfounded,” which means there is no evidence the abuse occurred.

(C) "Unable to Determine,” which means there is insufficient evidence to conclude that there is reasonable cause to believe the abuse occurred. “Unable to Determine” may only be used in the following circumstances:

(i) After extensive efforts have been made, the OTIS investigator is unable to locate the alleged victim; or

(ii) After completing the investigation, there is insufficient information to support an abuse determination of Founded or Unfounded and the alleged victim is unable or unwilling to provide consistent information or there is conflicting information from collateral contacts.

(2) Except as provided in section (3), abuse of a child, for the purpose of making an abuse determination on a report subject to ORS 419B.005, means:

(a) Child selling, including the selling of a child that consists of buying, selling, bartering, trading, or offering to buy or sell the legal or physical custody of a child.

(b) Mental injury which shall include only cruel or unconscionable acts or statements made, or threatened to be made, to a child if the acts, statements or threats result in severe harm to the child’s psychological, cognitive, emotional or social well-being and functioning.

(c) Neglect, including failure, through action or omission, to provide and maintain adequate food, clothing, shelter, medical care, supervision, protection, or nurturing that is likely to endanger the health or welfare of the child. Neglect may include but is not limited to the following:

(A) Physical neglect, which includes each of the following:

(i) Failing to provide for the child's basic physical needs including adequate shelter, food, and clothing.

(ii) Permitting a child to enter or remain in or upon premises where methamphetamines are being manufactured.

(iii) Unlawful exposure of a child to a controlled substance, as defined in ORS 475.005, or unlawful manufacturing of a cannabinoid extract, as defined in ORS 475C.009, that subjects a child to a substantial risk of harm to the child's health or safety. When the OTIS investigator is making a determination of physical neglect based on a substantial risk of harm to the child's health due to unlawful exposure to a substance, this determination must be consistent with medical findings.

(B) Medical neglect is a refusal or failure to seek, obtain, or maintain necessary medical, dental, or mental health care. Medical neglect includes withholding medically indicated treatment from infants who have disabilities and life-threatening conditions. However, failure to provide a child with immunizations or routine care alone does not constitute medical neglect. When the OTIS investigator is making a determination of medical neglect, this determination must be consistent with medical findings.

(C) Lack of supervision and protection, including failure to provide supervision and protection appropriate to the child's age, mental ability, and physical condition.

(D) Desertion, which includes the respondent leaving the child with another person and failing to reclaim the child, or respondent failure to provide information about their whereabouts, providing false information about their whereabouts, or failing to establish a legal guardian or custodian for the child.

(E) Psychological neglect, which includes serious inattention to the child's need for affection, support, nurturing, or emotional development. The respondent’s behavior must be related to the observable and severe harm of the child's psychological, cognitive, emotional, or social well-being and functioning.

(d) Physical abuse, including an injury to a child that is inflicted or allowed to be inflicted by non-accidental means that results in harm. Physical abuse may include injury that could not reasonably be the result of the explanation given. Physical abuse may also include injury that is a result of discipline or punishment. Examples of injuries that may result from physical abuse include, but are not limited to:

(A) Head injuries;

(B) Bruises, cuts, lacerations;

(C) Internal injuries;

(D) Burns or scalds;

(E) Injuries to bone, muscle, cartilage, and ligaments;

(F) Poisoning;

(G) Electrical shock; and

(H) Death.

(e) Sexual abuse, which includes:

(A) A person's use of a child for the person's own sexual gratification, the sexual gratification of another person, or the sexual gratification of the child. Sexual abuse includes incest, rape, sodomy, sexual penetration, fondling, and voyeurism.

(B) Sexual exploitation, including, but not limited to, the use of a child in a sexually explicit way for personal gain to make money, in exchange for goods, services, or drugs, or to gain status. Sexual exploitation also includes using children in prostitution or using children to create pornography.

(C) Sex trafficking.

(f) Threat of harm, including all activities, conditions, and circumstances that place the child at threat of severe harm of physical abuse, sexual abuse, neglect, mental injury, or other abuse.

(3) Abuse does not include reasonable discipline unless the discipline results in one of the conditions described in section (2) of this rule.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 3-2026, amend filed 05/28/2026, effective 05/28/2026
• OTIS 4-2025, temporary amend filed 12/22/2025, effective 01/01/2026 through 06/29/2026
• OTIS 31-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0470, filed 10/30/2024, effective 11/01/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 4-2023, temporary amend filed 08/31/2023, effective 09/01/2023 through 02/27/2024
• DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0180 Abuse Investigation Report

(1) Timeline to Complete the Abuse Investigation Report.

(a) Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete and electronically submit the abuse investigation report for supervisor approval within 60 calendar days from the date the report was assigned for investigation.

(b) An OTIS supervisor must review and approve the completed abuse investigation report within five business days of the electronic submission by the OTIS investigator.

(c) An extension to the timeline may be granted when:

(A) An OTIS supervisor may approve a one-time 30 calendar day extension when good cause is shown, such as when critical information necessary to make an abuse determination is outstanding.

(B) The director of OTIS or designee may approve additional extensions only for reasons beyond the control of OTIS, such as to allow a law enforcement investigation to proceed.

(C) When an extension is granted under this subsection, the OTIS investigator must notify the Oregon Department of Early Learning and Care, Department of Human Services: Self-Sufficiency Child Care Policy Unit and, the owner, executive director, operator, or central administrator of the child care of the approved extension and the new due date for the report's completion, except when it could compromise a child's safety or a criminal investigation.

(2) The OTIS investigator must prepare a written report that includes all of the following:

(a) A description of the allegation of abuse being investigated, including the date, location, and time, if known.

(b) An outline of steps taken, and information gathered in the investigation including, but not limited to, a list of all witnesses interviewed, and summary of information obtained from interviews and list of sources of information reviewed, such as records, reports, etc. and summary of information obtained from those information sources.

(c) A specific determination of whether the abuse allegation is “Founded”, “Unfounded” or “Unable to Determine”, as provided in OAR 419-220-0170 and the basis for that determination.

(d) A list of all individuals and entities notified OAR 419-220-0190 (Notifications at the Conclusion of an Investigation).

(e) The name and title of the individual completing the abuse investigation report.

(f) Documentation that an OTIS supervisor has reviewed and approved the abuse investigation report.

(3) The failure of OTIS to include all elements of section (2) does not invalidate the written report or abuse determination.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 32-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0480, filed 10/30/2024, effective 11/01/2024
• DHS 14-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0190 Notifications at the Conclusion of an Investigation

After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications:

(1) OTIS must notify law enforcement of the abuse determination and may provide a unredacted copy of the abuse investigation report.

(2) OTIS must make diligent efforts to notify the reporter, if contact information was provided, of the following information:

(a) Whether contact with the child was made, and

(b) Whether OTIS determined abuse occurred.

(3) OTIS must notify the legal guardian of the alleged victim of the abuse determination.

(4) If not a respondent, OTIS must notify the owner, executive director, operator, central administrator, or designated authority of the child care.

(5) OTIS must notify the respondent when:

(a) A report is determined to be "Unfounded" or "Unable to Determine" (see OAR 419-220-0170), OTIS must provide written notice to the respondent.

(b) A report is determined to be “Founded” (see OAR 419-220-0170), OTIS must send a Notice of Abuse Determination (as described in ORS 183.415) to the respondent by:

(A) Regular mail and certified mail with return receipt requested.

(B) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(C) A copy of the Notice of Abuse Determination must also be provided to the respondent's attorney, if applicable.

(c) Information on how to request a redacted copy of a founded report must be included in the Notice of Abuse Determination sent to the respondent. The information must state the conditions for when the respondent may make this request.

(6) OTIS must notify Department of Early Learning and Care must provide a unredacted copy of the abuse investigation report.

(7) OTIS must notify the Department of Human Services: Self-Sufficiency Child Care Policy Unit must provide a unredacted copy of the abuse investigation report when the child care is a regulated subsidy program.

(8) Others as required or otherwise authorized including, but not limited to:

(a) Appropriate personnel within the Department.

(b) The Tribe (as provided under OAR chapter 413, division 115) when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(c) Disability Rights Oregon, when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability (ORS 419B.035(1)).

(d) The Office of Developmental Disabilities Services (ODDS), when a report involves a home certified by ODDS or a child receiving services from ODDS.

(e) The Teacher Standards and Practices Commission must be provided copy of the unredacted abuse investigation report if the Department believes the child care caregiver, household member, contractor, or volunteer is licensed or registered by the commission.

(f) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(9) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.027 & ORS 419B.005 - 419B.050
• OTIS 33-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0490, filed 10/30/2024, effective 11/01/2024
• DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 15-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Or. Admin. R. 419-220-0200 Confidentiality

Information gathered and records and reports compiled during an OTIS investigation are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 34-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 14-2024, renumbered from 407-047-0500, filed 10/30/2024, effective 11/01/2024
• DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020

Division 230 CHILD ABUSE INVESTIGATIONS IN SCHOOLS

Or. Admin. R. 419-230-0100 Purpose and Scope

The Department of Human Services receives reports of abuse of children and screens them to determine the response required under ORS chapter 419B. The purpose of these rules, OAR chapter 419, division 230, is to describe:

(1) The circumstances under which the Office of Training, Investigations and Safety (OTIS) is responsible to respond to a report of child abuse of a student involving an employee, agent, contractor, or volunteer of an education provider and

(2) The requirements for screening and investigating a report of alleged child abuse received by the Department as of January 1, 2020 that is the responsibility of OTIS.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 35-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0200, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHSD 1-2021, minor correction filed 02/04/2021, effective 02/04/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0110 Definitions

Unless the context indicates otherwise, the following definitions apply to these rules, OAR chapter 419, division 230:

(1) "Abuse" has the same meaning as defined in 419B.005. (See OAR 419-230-0170(2) and OAR 419-230-0173.)

(2) "Abuse determination" means the determination OTIS makes after an investigation under these rules (OAR chapter 419, division 230) that a report of abuse is founded, unfounded or unable to determine as described in OAR 419-230-0170 and OAR 419-230-0173.

(3) "Abuse investigation report" means the report the OTIS investigator completes as provided in OAR 419-230-0180 on a report of abuse that is determined to require an investigation under OAR 419-230-0130(1)(b).

(4) “Agent” as defined in ORS 419B.019 means, a person who:

(a) Acts as an agent for an education provider in a manner that requires the person to have direct, unsupervised contact with children; and

(b) Interacts with a child because of the person’s status as an agent for an education provider.

(5) “Alleged victim” means the child who is reported, alleged or determined to be subjected to abuse under these rules. (OAR chapter 419, division 230)

(6) “Business days” means all consecutive calendar days, not counting Saturdays, Sundays and legal holidays as defined in ORS 187.010.

(7) "Child" means an unmarried person who:

(a) Is under 18 years of age; or

(b) Is a child in care, as defined in ORS 418.257.

(8) “Contractor” as defined in ORS 419B.019 means, a person who:

(a) Provides services to an education provider under a contract in a manner that requires the person to have direct, unsupervised contact with children; and

(b) Interacts with a child because of the person’s status as a contractor for an education provider.

(9) "Department" means the Oregon Department of Human Services (ODHS).

(10) “Education Provider” has the same meaning as defined in ORS 339.370.

(a) Education Provider means:

(A) A school district, as defined in ORS 332.002.

(B) The Oregon School for the Deaf.

(C) An educational program under the Youth Corrections Education Program.

(D) A public charter school, as defined in ORS 338.005.

(E) An education service district, as defined in ORS 334.003.

(F) An approved recovery school, as defined in ORS 336.680.

(G) Any state-operated program that provides educational services to students.

(H) A private school.

(b) “Education Provider” does not include:

(A) The Oregon Youth Authority;

(B) The Department of Corrections;

(C) The Department of Education, except when functioning as an education provider on behalf of the Oregon School for the Deaf; or

(D) An education provider that only serves students who have not yet entered kindergarten, except when the education provider is under the direct control of an education provider for students in any grade from kindergarten through grade 12.

(11) "Indian child" as defined in 25 U.S.C. § 1903 (4) means any unmarried individual who is under age 18 and either:

(a) Is a member or citizen of an Indian Tribe; or

(b) Is eligible for membership or citizenship in an Indian Tribe and is the biological child of a member or citizen of an Indian Tribe.

(12) “Investigation” as defined in ORS 419B.005(4) means a detailed inquiry into or assessment of the safety of a child alleged to have experienced abuse. “Investigation” does not include screening activities conducted upon the receipt of a report.

(13) “Law enforcement agency” has the same meaning as defined in ORS 419B.005(5).

(14) “Legal Guardian” means for an individual under the age of 18, the parent, unless a court appoints another person or agency to act as the individual's guardian.

(15) “Licensed administrator” also known as “Chief administrator” means the person designated by the education provider’s policies adopted under ORS 339.372 to receive reports of suspected child abuse and includes an alternate licensed administrator, if the designee is the respondent.

(16) "OTIS investigator" means an ODHS Office of Training, Investigations and Safety (OTIS) employee who is authorized and receives OTIS approved training to screen or investigate reports of abuse under these rules, OAR chapter 419, division 230.

(17) "OTIS response" means how OTIS will respond to a report of abuse that is determined at the conclusion of the OTIS screening process.

(18) “Reasonable cause” means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts. (ORS 419B.150)

(19) "Reasonable suspicion" for purposes of complying with ORS 419B.023 (Karly's Law) means a reasonable belief given all the circumstances, based upon specific and describable facts, that the suspicious physical injury may be the result of abuse.

(20) “Redacted” means information deemed confidential under state or federal law has been protected from view.

(21) "Reporter" means an individual who makes a report of suspected child abuse to the Department.

(22) "Respondent" means:

(a) The adult alleged in a report to have committed abuse; or

(b) A public education program as defined in ORS 339.285, for incidents occurring on or after July 1, 2023.

(23) “School employee” as defined in ORS 419B.019, means a person who:

(a) Is an employee of an education provider; and

(b) Interacts with a child because of the person’s status as an employee of an education provider.

(24) "Screening" means the process used by OTIS to determine the response to reports that are determined to be the responsibility of OTIS.

(25) "Severe harm" as defined in ORS 419B.150 means:

(a) Life -threatening damage; or

(b) Significant or acute injury to a person’s physical, sexual, or psychological functioning.

(26) "Sex trafficking" as defined in ORS 418.322(1)(b) means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of an individual under the age of 18 for the purpose of a commercial sex act.

(27) "Suspicious physical injury" has the same meaning as defined in ORS 419B.023 (Karly's Law).

(28) “Volunteer” means as defined in ORS 419B.019, a person who:

(a) Acts as a volunteer for an education provider in a manner that requires the person to have direct, unsupervised contact with children; and

(b) Interacts with a child because of the person’s status as a volunteer of an education provider.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 - 419B.050, Section 8, chapter 581, OL 2023 (Note ORS 419B) & ORS 339.296
• OTIS 3-2025, amend filed 12/18/2025, effective 01/01/2026
• OTIS 36-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0205, filed 10/30/2024, effective 11/01/2024
• DHS 2-2024, minor correction filed 01/16/2024, effective 01/16/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 4-2023, temporary amend filed 08/31/2023, effective 09/01/2023 through 02/27/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0120 Screening Activities

(1) This rule describes the screening activities that an OTIS investigator must complete within three business days when a report is determined to be the responsibility of OTIS as provided in OAR chapter 413, division 015.

(2) Gather information. An OTIS investigator must:

(a) Ensure all of the following information has been gathered and documented:

(A) The type of alleged abuse and the circumstances surrounding the report.

(B) How the alleged abuse or the surrounding circumstances are reported to affect the safety of the alleged victim.

(b) Gather information from individuals who can provide information necessary to determine the appropriate Department response.

(c) Research Department history of each respondent for information about past or current Department involvement relevant to the current report of abuse.

(d) Inquire regarding possible Indian or Alaskan Native heritage of the child and follow OAR chapter 413, division 115 if applicable.

(e) Request relevant law enforcement records.

(f) Request relevant records from the education provider pertaining to the student reported as the alleged victim of abuse.

(g) For the purposes of cross-reporting, determine the law enforcement agency jurisdiction based on where the abuse is alleged to have occurred.

(h) Determine if the report is related to the death of a child and comply with the ODHS Child Welfare "Fatality Protocol" if applicable.

(3) When screening activities in section (2) of this rule are complete, the OTIS investigator must:

(a) Determine the OTIS response as provided in OAR 419-230-0130; and

(b) Make screening notifications as provided in OAR 419-230-0140.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 37-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0210, filed 10/30/2024, effective 11/01/2024
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0130 Determining Response

(1) Based on information gathered in OAR 419-230-0120, an OTIS investigator must determine the OTIS response, which must be one of the following:

(a) An investigation is required under section (2) of this rule.

(b) An investigation is not required under section (2) of this rule and the report will be closed at screening as provided in section (4).

(c) Refer to other investigative authority as provided in section (5).

(2) Investigation required. An investigation is required when:

(a) The information alleged in the report meets the definition of abuse in ORS 419B.005.

(b) At the time of the alleged abuse, the respondent was an employee, contractor, agent or volunteer of an education provider.

(c) The alleged victim was a child at the time of the alleged abuse, as defined in these rules (OAR chapter 419, division 230).

(d) The relationship between the respondent and the alleged victim is due to the respondent’s role as an employee, contractor, agent or volunteer of an education provider.

(e) If conditions in (2)(a-d) are not met, then the director of OTIS may determine that the Department is authorized by ORS 419B to investigate and it is in the best interest of child safety for OTIS to investigate under these rules (OAR chapter 419, division 230).

(3) If an investigation is required under section (2) an OTIS supervisor or designee determines the OTIS initial contact timeline. The initial contact timeline refers to the amount of time between when a report is assigned for investigation and when the OTIS investigator is required to attempt to contact the alleged victim. The OTIS supervisor or designee must consider whether the respondent poses a risk to the alleged victim or other children to whom the respondent has access. The initial contact timeline must be:

(a) Within 24 hours.

(b) Within 72 hours. This response time line may only be used when the OTIS investigator can clearly document how the information indicates that the safety of the child will not be compromised by not responding within 24 hours and whether an intentional delay to allow for a planned response is less likely to compromise the safety of the child.

(c) Within 10 business days. This response timeline may only be used when the report is historical abuse, and the respondent no longer has contact with the alleged victim and is not in a caregiving role for other children.

(d) An OTIS supervisor may change the OTIS response time line to within 72 hours or within 10 business days. the supervisor must explain in writing why the time line was changed and how safety was considered when the change was approved.

(4) Close at screening.

(a) A report must be closed at screening when both of the following are true:

(A) The report was properly determined to be the responsibility of OTIS under OAR chapter 413, division 015.

(B) An investigation is not required under section (2) of this rule.

(b) Supervisor or designee approval must be obtained when a report will be closed at screening.

(5) When a report was improperly determined to be the responsibility of OTIS under OAR chapter 413 division 015, OTIS must refer the report to the appropriate investigative authority and follow mandatory reporting requirements.

(a) If contact information was provided, the OTIS investigator must make diligent efforts to notify the reporter that the report was referred to another investigative authority.

(b) If other agencies were informed of the OTIS screening, the OTIS investigator must make diligent efforts to notify them of the referral to another investigative authority.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 38-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0220, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0140 Notifications at the Conclusion of Screening

The OTIS investigator is responsible for making the following notifications after a report has been determined to be assigned for investigation or closed at screening:

(1) Cross-report to local law enforcement agency as required in ORS 419B.015 by providing a full screening report.

(2) OTIS must notify the Teacher Standards and Practices Commission (TSPC) within three business days of receiving the report, if the Department believes the school employee, contractor, agent or volunteer is licensed or registered by the commission.

(3) OTIS must notify the Department of Education (DOE) within three business days of receiving the report, if the Department of Human Services believes the report of suspected child abuse:

(a) Occurred in a school or was related to a school-sponsored activity; or

(b) Involves a child and a person who is a school employee, contractor, agent or volunteer.

(4) OTIS must notify the education provider to ensure the safety of the child.

(5) Make diligent efforts to notify the reporter that the report was assigned for investigation or closed at screening.

(6) Others as required or otherwise authorized including, but not limited to:

(a) Appropriate personnel within the Department.

(b) The Tribe as provided under OAR chapter 413, division 115 when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(c) Disability Rights Oregon if the alleged abuse occurred at a school or in an educational setting that involves a child with a disability (ORS 419B.035(1)).

(d) Oregon Youth Authority (OYA): Professional Standards Office when the alleged abuse involves a youth under the jurisdiction of OYA, or the education provider is a Youth Corrections Education Program.

(e) The Department of Early Learning and Care when required by ORS 419B.020 or ORS 419B.035.

(f) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(7) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

(8) The Department of Human Services may not disclose the name and address of, and other identifying information about the reporter, but the Department shall make available any information necessary to ensure the safety of the child, including the name of the school and the name of the person who may have conducted the suspected abuse. Unless authorized under ORS 419B.019 any person or entity to whom notification is made may not release any information

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 39-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0240, filed 10/30/2024, effective 11/01/2024
• DHS 10-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0150 Investigating Reports of Abuse

An OTIS investigator must attempt and, when possible, complete all of the following activities when a report has been assigned for investigation:

(1) The OTIS investigator must contact the responsible law enforcement agency, as provided in ORS 419B.015, to establish if a criminal investigation is being conducted and jointly determine the roles and responsibilities of OTIS and the law enforcement agency in their respective investigations.

(2) Share information and coordinate with Department personnel or other appropriate entities who have responsibilities to children associated with the report of abuse.

(3) Make initial contact with the alleged victim of abuse within the OTIS initial contact time line assigned at screening. When an alleged victim is currently a child the OTIS investigator must attempt to contact the alleged victim’s legal guardian within the OTIS initial contact timeline assigned at screening.

(4) The OTIS investigator must provide advanced notification to the Indian Tribe of any intent to make contact with an individual on a reservation.

(5) Attempt to interview the following:

(a) The alleged victim in the report. The OTIS investigator must notify the legal guardian of a child prior to any interview with a child, unless notification is prohibited by law or court order or would compromise safety or a criminal investigation.

(b) Any witnesses to the alleged abuse.

(c) The respondent.

(A) Prior to requesting an investigative interview, the OTIS investigator must ensure the respondent is provided written notification.

(B) If the respondent refuses to be interviewed, this must be documented in the abuse investigation report.

(C) If the respondent does not respond to a request to be interviewed, at least three additional attempts to interview the respondent must be made:

(i) At least one of the additional three attempts must be made by phone to the last known phone number.

(ii) At least one of the additional three attempts must be made by mail to the last known address.

(iii) All attempts to contact the respondent must be documented in the abuse investigation report.

(d) Others who may have knowledge of the facts of the alleged abuse or related circumstances as determined appropriate by the OTIS investigator.

(6) Conduct interviews in person when practicable.

(7) When interviewing a “foster child” as defined in ORS 418.200, inform the “foster child” of their right to have an attorney or court-appointed advocate of their choosing present for the interview.

(8) Conduct interviews with alleged victims and witnesses without the presence of employees of the Education Provider if determined appropriate by the OTIS investigator.

(9) Inform individuals being interviewed that they may decline to be interviewed.

(10) Comply with ORS 419B.045 when an interview or other contact will occur on public school premises.

(11) Obtain and review relevant material evidence, which includes, but is not limited to:

(a) Conducting a site visit to the school that is the subject of the report of abuse or other relevant location as determined appropriate by the OTIS investigator.

(b) Receiving and/or reviewing video or audio records from the school or community.

(c) Receiving, reviewing, or copying records, documents, and materials pertaining to the alleged victim of abuse including, but not limited to, incident reports, evaluations, attendance records, or other documents as determined appropriate by the OTIS investigator.

(d) Receiving, reviewing, or copying records, documents and materials pertaining to an employee, agent, contractor, or volunteer of an education provider, including, but not limited to, personal contact information, performance reviews, employee records, records of past complaints or concerns and attendance records.

(e) Taking photographs as determined appropriate by the OTIS investigator.

(f) Receiving and reviewing relevant law enforcement records.

(12) When an OTIS investigator observes a child, who has suffered a suspicious physical injury and the OTIS investigator is certain or has reasonable suspicion that the injury is or may be the result of abuse, the OTIS investigator must comply with 419B.023 (Karly’s Law). This includes:

(a) Identifying the protocols and procedures of the applicable county multidisciplinary child abuse team described in ORS 418.747; and

(b) Ensuring photographs are taken and medical assessments are pursued as provided in the applicable protocol.

(13) If any of the requirements in (1) through (11) of this rule cannot be met:

(a) Convene a staffing with an OTIS supervisor regarding the requirements that cannot be met;

(b) Obtain approval from an OTIS supervisor for deviating from the requirements of this rule; and

(c) Explain which requirements in this rule that cannot be met and document OTIS supervisor approval in the investigative report.

(14) When investigation activities are complete:

(a) Unless an exception in OAR 419-230-0160 (Exception to Completing an Investigation) applies, make an abuse determination as provided in OAR 419-230-0170 or OAR 419-230-0173;

(b) Issue an abuse investigation report as provided in OAR 419-230-0180; and

(c) Make notifications as provided in OAR 419-230-0190.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 - 419B.050, 418.200 - 418.202 & Senate Bill 1533 (2026 OL chapter 81, §§ 2, 3)
• OTIS 4-2026, amend filed 06/18/2026, effective 06/18/2026
• OTIS 40-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0250, filed 10/30/2024, effective 11/01/2024
• DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024
• DHS 3-2024, minor correction filed 01/16/2024, effective 01/16/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0160 Exception to Completing an Investigation

(1) The OTIS Supervisor may determine that an assigned report does not require an investigation under the following exceptions:

(a) The report was assigned for investigation in error; or

(b) The OTIS investigator received information after the report was assigned for investigation and that information, in combination with the corresponding screening report, no longer constitutes a report of abuse as defined in ORS 419B.005. This exception may be used only when the OTIS investigator and an OTIS supervisor or designee determine the information:

(A) Relates directly to and specifically negates all allegations in the screening report; and

(B) Is considered on the basis of the objectivity of the individual providing the information and the quality of the information.

(2) An investigation must be completed when the OTIS investigator has already interviewed the alleged victim, unless the alleged victim is the reporter.

(3) The OTIS investigator must document the exception and:

(a) Explain the basis for the determination that an OTIS investigation is no longer required; and

(b) Document the name of the OTIS supervisor who was consulted and approved an exception under this rule.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B019
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 41-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0260, filed 10/30/2024, effective 11/01/2024
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0170 Abuse Determination

(1) Except as provided in OAR 419-230-0160 (Exception to Completing an Investigation), an abuse determination must be made for all reports of abuse that are determined to require an investigation under OAR 419-230-0130.

(a) When making an abuse determination the standard of proof is reasonable cause to believe.

(b) Based on the available evidence after conducting an investigation, the possible abuse determinations are:

(A) "Founded,” which means there is reasonable cause to believe the abuse occurred.

(B) "Unfounded,” which means there is no evidence the abuse occurred.

(C) "Unable to Determine,” which means there is insufficient evidence to conclude that there is reasonable cause to believe the abuse occurred. “Unable to Determine” may only be used in the following circumstances:

(i) After extensive efforts have been made, the OTIS investigator is unable to locate the alleged victim; or

(ii) After completing the investigation, there is insufficient information to support an abuse determination of founded or unfounded; and the alleged victim is unable or unwilling to provide consistent information; or there is conflicting information from collateral contacts.

(2) Except as provided in section (3), abuse of a child, for the purpose of making an abuse determination on a report subject to ORS 419B.005, means:

(a) Child selling, including the selling of a child that consists of buying, selling, bartering, trading, or offering to buy or sell the legal or physical custody of a child.

(b) Mental injury which shall include only cruel or unconscionable acts or statements made, or threatened to be made, to a child if the acts, statements or threats result in severe harm to the child’s psychological, cognitive, emotional or social well-being and functioning.

(c) Neglect, including failure, through action or omission, to provide and maintain adequate food, clothing, shelter, medical care, supervision, protection, or nurturing that is likely to endanger the health or welfare of the child. Neglect may include but is not limited to the following:

(A) Physical neglect, which includes each of the following:

(i) Failing to provide for the child's basic physical needs including adequate shelter, food, and clothing.

(ii) Permitting a child to enter or remain in or upon premises where methamphetamines are being manufactured.

(iii) Unlawful exposure of a child to a controlled substance, as defined in ORS 475.005, or unlawful manufacturing of a cannabinoid extract, as defined in ORS 475C.009, that subjects a child to a substantial risk of harm to the child's health or safety. When the OTIS investigator is making a determination of physical neglect based on a substantial risk of harm to the child's health due to unlawful exposure to a substance, this determination must be consistent with medical findings.

(B) Medical neglect is a refusal or failure to seek, obtain, or maintain necessary medical, dental, or mental health care. Medical neglect includes withholding medically indicated treatment from infants who have disabilities and life-threatening conditions. However, failure to provide a child with immunizations or routine care alone does not constitute medical neglect. When the OTIS investigator is making a determination of medical neglect, this determination must be consistent with medical findings.

(C) Lack of supervision and protection, including failure to provide supervision and protection appropriate to the child's age, mental ability, and physical condition.

(D) Desertion, which includes the respondent leaving the child with another person and failing to reclaim the child, or respondent failure to provide information about their whereabouts, providing false information about their whereabouts, or failing to establish a legal guardian or custodian for the child.

(E) Psychological neglect, which includes serious inattention to the child's need for affection, support, nurturing, or emotional development. The respondent’s behavior must be related to the observable and severe harm of the child's psychological, cognitive, emotional, or social well-being and functioning.

(d) Physical abuse, including an injury to a child that is inflicted or allowed to be inflicted by non-accidental means that results in harm. Physical abuse may include injury that could not reasonably be the result of the explanation given. Physical abuse may also include injury that is a result of discipline or punishment. Examples of injuries that may result from physical abuse include, but are not limited to:

(A) Head injuries;

(B) Bruises, cuts, lacerations;

(C) Internal injuries;

(D) Burns or scalds;

(E) Injuries to bone, muscle, cartilage, and ligaments;

(F) Poisoning;

(G) Electrical shock; and

(H) Death.

(e) Sexual abuse, which includes:

(A) A person's use of a child for the person's own sexual gratification, the sexual gratification of another person, or the sexual gratification of the child. Sexual abuse includes incest, rape, sodomy, sexual penetration, fondling, and voyeurism.

(B) Sexual exploitation, including, but not limited to, the use of a child in a sexually explicit way for personal gain to make money, in exchange for goods, services, or drugs, or to gain status. Sexual exploitation also includes using children in prostitution or using children to create pornography.

(C) Sex trafficking.

(f) Threat of harm, including all activities, conditions, and circumstances that place the child at threat of severe harm of physical abuse, sexual abuse, neglect, mental injury, or other abuse.

(g) For incidents on or after July 1, 2023:

(A) The restraint or seclusion of a child in violation of ORS 339.285, 339.288, 339.291, 339.303 or 339.308.

(B) The infliction of corporal punishment on a child in violation of ORS 339.250 (9).

(C) Failure by a public education program as described in ORS 339.296 and OAR 419-230-0173.

(3) Abuse does not include reasonable discipline unless the discipline results in one of the conditions described in section (2) of this rule.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 to 419B.050, Section 8, chapter 581, OL 2023 (Note ORS 419B.027) & ORS 339.296
• OTIS 3-2026, amend filed 05/28/2026, effective 05/28/2026
• OTIS 4-2025, temporary amend filed 12/22/2025, effective 01/01/2026 through 06/29/2026
• OTIS 42-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0270, filed 10/30/2024, effective 11/01/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 4-2023, temporary amend filed 08/31/2023, effective 09/01/2023 through 02/27/2024
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0173 Abuse Determinations Involving Seclusion or Restraint

For abuse determinations for incidents occurring on or after July 1, 2023 involving alleged abuse in the use of seclusion or restraint defined in OAR 419-230-0170.

(1) When OTIS finds the reported abuse is founded, OTIS shall determine that the public education program is responsible for the abuse if any of the following apply:

(a) The abuse involved the use of restraint or seclusion and the public education program failed to ensure that a sufficient number of personnel, appropriately trained in the use of restraint and seclusion, were available to comply with the individualized education programs, 504 Plans and behavior intervention plans of the students who were present in the setting where the abuse occurred at the time the abuse occurred.

(b) The abuse involved the use of restraint, seclusion or neglect and the public education program failed to:

(A) Provide the personnel involved with the restraint, seclusion or neglect with access to the student’s individualized education program, 504 Plan or behavior intervention program or failed to provide the personnel with adequate training to appropriately perform health-related or personal care tasks; and

(B) The personnel were not aware of, and failed to provide the services and supports in the manner required by, the student’s individualized education program, 504 Plan or behavior plan.

(c) The abuse involved the use of restraint or seclusion, a superior ordered personnel to impose the restraint or seclusion, and the personnel who imposed the restraint or seclusion reasonably believed that failure to comply with the order would result in termination or discipline.

(d) The abuse involved the use of restraint or seclusion and the public education program failed to ensure that the personnel who imposed the restraint or seclusion were appropriately trained in the use of restraint and seclusion;

(A) The personnel who imposed the restraint or seclusion reasonably believed that failure to impose the restraint or seclusion would lead to serious bodily injury of the student or others; and

(B) If the personnel imposed a restraint, it was not a type of restraint prohibited under ORS 339.288.

(2) OTIS may not substantiate an allegation of abuse against personnel of a public education program who have not been trained to the standard established in ORS 339.300 but who impose a restraint on a student if:

(a) The restraint is imposed in response to an imminent risk of serious bodily injury of any person;

(b) The person imposing the restraint does not act with reckless disregard for student safety; and

(c) The restraint does not impose a significant risk of impeding the student’s breathing.

(3) Nothing in section (2) prohibits OTIS from finding that the public education program is responsible for abuse arising from the untrained personnel’s inappropriate use of restraint.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: Section 8, chapter 581, OL 2023 (Note ORS 419B), ORS 419B.005 to 419B.050 & ORS 339.296
• OTIS 43-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0273, filed 10/30/2024, effective 11/01/2024
• DHS 18-2023, adopt filed 12/22/2023, effective 01/01/2024
• DHS 4-2023, temporary adopt filed 08/31/2023, effective 09/01/2023 through 02/27/2024

Or. Admin. R. 419-230-0180 Abuse Investigation Report

(1) Time Line to Complete the Abuse Investigation Report.

(a) Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete an abuse investigation report and electronically submit the abuse investigation report for supervisor approval within 60 calendar days from the date the report was assigned for investigation.

(b) An OTIS supervisor must review and approve the completed abuse investigation report within five business days of the electronic submission by the OTIS investigator.

(c) An extension to the time line may be granted when:

(A) An OTIS supervisor may approve a one-time 30 calendar day extension when good cause is shown, such as when critical information necessary to make an abuse determination is outstanding.

(B) The director of OTIS or designee may approve additional extensions only for reasons beyond the control of OTIS, such as to allow a law enforcement investigation to proceed.

(C) When an extension is granted under this subsection, the OTIS investigator must ensure notification of the approved extension and the new due date for the report's completion is provided to TSPC, DOE, and the licensed administrator for the education provider associated with the report. Notification to the respondent must be made if the notification would not compromise safety or a criminal investigation.

(2) The OTIS investigator must prepare a written report that includes all of the following:

(a) A description of the allegation of abuse being investigated, including the date, location, and time, if known.

(b) An outline of steps taken, and information gathered in the investigation including, but not limited to, a list of all witnesses interviewed, and summary of information obtained from interviews and list of sources of information reviewed, such as records, documents, reports, etc. and summary of information obtained from those information sources.

(c) A specific determination of whether the abuse allegation is founded, unfounded or unable to determine, as provided in OAR 419-230-0170 or OAR 419-230-0173 and the basis for that determination.

(d) A list of all individuals and entities notified under OAR 419-230-0190 (Notifications at the Conclusion of the Investigation).

(e) The name and title of the individual completing the abuse investigation report.

(f) Documentation that an OTIS supervisor has reviewed and approved the abuse investigation report.

(3) Failure of OTIS to include all elements of section (2) does not invalidate the written report or abuse determination.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 44-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0280, filed 10/30/2024, effective 11/01/2024
• DHS 4-2024, minor correction filed 01/16/2024, effective 01/16/2024
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0190 Notifications at the Conclusion of an Investigation

After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the notifications described in this rule.

(1) OTIS must notify law enforcement of the abuse determination and may provide a copy of the unredacted abuse investigation report.

(2) OTIS must make diligent efforts to notify the reporter, if contact information was provided, of the following information:

(a) Whether contact with the child was made, and

(b) Whether OTIS determined abuse occurred.

(3) OTIS must notify the legal guardian of the alleged victim when the alleged victim is currently a child.

(4) OTIS must notify the respondent when:

(a) A report is determined to be “Unfounded” or “Unable to Determine” (See OAR 419-230-0170 and OAR 419-230-0173), OTIS must provide written notice to the respondent.

(b) A report is determined to be “Founded” under OAR 419-230-0170 or OAR 419-230-0173, OTIS must send a Notice of Abuse Determination (as described in ORS 183.415) to the respondent by:

(A) Regular mail and certified mail with return receipt requested.

(B) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(C) A copy of the Notice of Abuse Determination must also be provided to the respondent's attorney, if applicable.

(c) The Notice of Abuse Determination must include information described in:

(A) OAR 137-003-0505(1) and (2)(a);

(B) ORS 183.415; and

(C) How to request a redacted copy of the founded report. The information must state the conditions for when the respondent may make this request.

(5) OTIS must provide the education provider a copy of the unredacted abuse investigation as permitted by ORS 419B.035(1)(m).

(6) OTIS must provide the Teacher Standards and Practices Commission a copy of the unredacted abuse investigation if the Department believes the school employee, contractor, agent or volunteer is licensed or registered by the commission.

(7) OTIS must provide the Department of Education a copy of the unredacted abuse investigation if the Department believes the report of suspected abuse:

(a) Occurred in a school or was related to a school-sponsored activity; or

(b) Involves a child and a person who is a school employee, contractor, agent or volunteer.

(c) The notification must state the Department of Education is responsible for immediate notification to the appropriate education provider to ensure the safety of the child.

(8) Others as required or otherwise authorized including, but not limited to:

(a) Appropriate personnel within the Department.

(b) The Tribe (as provided under OAR chapter 413, division 115) when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(c) Disability Rights Oregon if the alleged abuse occurred at a school or in an educational setting that involves a child with a disability (ORS 419B.035 (1)).

(d) Oregon Youth Authority: Professional Standards Office when the alleged abuse involves a youth under the jurisdiction of OYA, or the education provider is a Youth Corrections Education Program.

(e) The Department of Early Learning and Care when required by ORS 419B.020 or ORS 419B.035.

(f) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(9) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 - 419B.050, Section 8, chapter 581, OL 2023 (Note ORS 419B) & ORS 419B.027
• OTIS 45-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0290, filed 10/30/2024, effective 11/01/2024
• DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024
• DHS 5-2024, minor correction filed 01/16/2024, effective 01/16/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 11-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Or. Admin. R. 419-230-0200 Confidentiality

Information gathered and records and reports compiled during an OTIS investigation are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed.

History

• Statutory/Other Authority: ORS 409.050 & ORS 419B.019
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 46-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 15-2024, renumbered from 407-047-0295, filed 10/30/2024, effective 11/01/2024
• DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021
• DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020

Division 240 CHILD ABUSE INVESTIGATIONS BY THIRD-PARTY

Or. Admin. R. 419-240-0100 Purpose and Scope

The Department receives reports of abuse of children and screens them to determine the response required under ORS chapter 419B. The purpose of these rules, OAR chapter 419, division 240, is to describe:

(1) The circumstances under which the Office of Training, Investigations and Safety (OTIS) is responsible to respond to a report of child abuse involving a third-party respondent and

(2) The requirements for investigating a report of alleged child abuse received by the Department as of March 1, 2021 that is the responsibility of OTIS.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 47-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0600, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0110 Definitions

Unless the context indicates otherwise, the following definitions apply to these rules, OAR chapter 419, division 240:

(1) "Abuse" has the same meaning as defined in 419B.005 (see OAR 419-240-0160(2)).

(2) "Abuse determination" means the determination OTIS makes after an investigation under these rules (OAR chapter 419, division 240) that a report of abuse is founded, unfounded, or unable to determine as described in OAR 419-240-0170(1).

(3) "Abuse investigation report" means the report the OTIS investigator completes as provided in OAR 419-240-0180 on a report of abuse that is determined to require an investigation under OAR 419-240-0130 or OAR 419-240-0135.

(4) “Alleged victim” means the child who is reported, alleged, or determined to be subjected to abuse under these rules (OAR chapter 419, division 240).

(5) “Business days” means all consecutive calendar days, not counting Saturdays, Sundays and legal holidays as defined in ORS 187.010.

(6) "Child" means an unmarried person who is under 18 years of age.

(7) "Department" means the Oregon Department of Human Services (ODHS).

(8) "Indian child" as defined in 25 U.S.C. § 1903(4) means any unmarried individual who is under age 18 and either:

(a) Is a member or citizen of an Indian Tribe; or

(b) Is eligible for membership or citizenship in an Indian Tribe and is the biological child of a member or citizen of an Indian Tribe.

(9) “Investigation” as defined in ORS 419B.005(4) means a detailed inquiry into or assessment of the safety of a child alleged to have experienced abuse. “Investigation” does not include screening activities conducted upon the receipt of a report.

(10) “Law enforcement agency” has the same meaning as defined in ORS 419B.005(5).

(11) “Legal guardian” means, for an individual under the age of 18, the parent, unless a court appoints another person or agency to act as the individual's guardian.

(12) "OTIS investigator" means a Department: Office of Training, Investigations and Safety (OTIS) employee who is authorized and receives OTIS approved training to screen or investigate reports of abuse under OAR chapter 419, division 240.

(13) "OTIS response" means how OTIS will respond to a report of abuse that is determined at the conclusion of the OTIS screening process.

(14) “Other Third-Party” means an adult who is not the alleged victim's parent, caregiver, guardian, or other member of the alleged victim's household, and who is not responsible for the alleged victim's care, custody, and control.

(15) “OYA foster home” means a home with foster parents certified by The Oregon Youth Authority under OAR chapter 416, division 530 who demonstrate special competence to supervise youth offenders with serious social or behavioral maladaptive characteristics in a youth offender foster home setting.

(16) "Reasonable cause" means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts (ORS 419B.150).

(17) "Reasonable suspicion" for purposes of complying with ORS 419B.023 (Karly's Law) means a reasonable belief given all the circumstances, based upon specific and describable facts, that the suspicious physical injury may be the result of abuse.

(18) “Redacted” means information deemed confidential under state or federal law that has been protected from view.

(19) "Reporter" means an individual who makes a report of suspected child abuse to the Department.

(20) "Respondent" means the adult alleged to have committed abuse.

(21) "Screening" means the process used by OTIS to determine the response to reports that are determined to be the responsibility of OTIS.

(22) "Severe harm" as defined in ORS 419B.150 means:

(a) Life -threatening damage; or

(b) Significant or acute injury to a person’s physical, sexual, or psychological functioning.

(23) "Sex trafficking" as defined in ORS 418.322(1)(b) means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of an individual under the age of 18 for the purpose of a commercial sex act.

(24) "Suspicious physical injury" has the same meaning as defined in ORS 419B.023 (Karly’s Law).

(25) "Third-party abuse" means child abuse by a person who is not the alleged victim's parent, caregiver, guardian, or other member of the alleged victim's household, and who is not responsible for the alleged victim's care, custody, and control.

(a) "Caregiver" means a guardian, legal custodian, or other person acting in loco parentis, who exercises significant authority over and responsibility for a child.

(b) "Guardian" means an individual who has been granted guardianship of a childthrough a judgment of the court.

(c) “Household” means an association of persons who live in the same home or dwelling and may be related by blood, adoption, or marriage or may be unrelated persons residing in the same home or dwelling as the child.

(d) "Parent" means the biological or adoptive mother or the legal father of the child. A legal father is a man who has adopted the child or whose paternity has been established or declared under ORS 109.070, ORS 416.400 to 416.465, or by a juvenile court. In cases involving an Indian child under the Indian Child Welfare Act (ICWA), "parent" means any biological parent of an Indian child, any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom, or a father whose paternity has been acknowledged or established under tribal law, recognized in accordance with tribal custom, or openly proclaimed to the court by the man, the Indian child’s family, the Oregon Department of Human Services or an adoption agency. "Parent" also includes a putative father who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the putative father is not the legal father.

(26) “Third-party professional” means an adult who is employed, certified, licensed, contracted, is a volunteer, or whose role is overseen by a regulatory entity, and has contact with the child because of the adult’s position or occupation.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 48-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0610, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0120 Screening Activities

(1) This rule describes the screening activities that an OTIS investigator must complete within three business days when a report is determined to be the responsibility of OTIS as provided in OAR chapter 413, division 015.

(2) Gather information. An OTIS investigator must:

(a) Ensure all of the following information has been gathered and documented:

(A) The type of alleged abuse and the circumstances surrounding the report.

(B) How the alleged abuse or the surrounding circumstances are reported to affect the safety of the alleged victim.

(b) Gather information from individuals who can provide information necessary to determine the appropriate OTIS response.

(c) Research Department history of each respondent for information about past or current Department involvement relevant to the current report of abuse.

(d) Inquire regarding possible Indian or Alaskan Native heritage of the child and follow OAR chapter 413, division 115 if applicable.

(e) Request relevant law enforcement records.

(f) Request relevant records pertaining to the alleged victim of abuse.

(g) For the purposes of cross-reporting, determine the law enforcement agency jurisdiction based on where the abuse is alleged to have occurred.

(h) Determine if the report is related to the death of a child and comply with the ODHS: Child Welfare "Fatality Protocol" if applicable.

(3) When screening activities in section (2) of this rule are complete, the OTIS investigator must:

(a) Determine the OTIS response as provided in OAR 419-240-0130 or OAR 419-240-0135; and

(b) Make screening notifications as provided in OAR 419-240-0140.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 49-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0620, filed 10/30/2024, effective 11/01/2024
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0130 Determining OTIS Response for Third-Party Professionals

(1) Based on information gathered in OAR 419-240-0120, an OTIS investigator must determine the OTIS response, which must be one of the following:

(a) An investigation is required under section (2) of this rule,

(b) An investigation is not required under section (2) of this rule and the report will be closed at screening as provided in section (4) or

(c) Refer to other investigative authority as provided in section (5).

(2) Investigation required. An investigation is required when:

(a) The information alleged in the report meets the definition of abuse in ORS 419B.005.

(b) At the time of the alleged abuse, the respondent was an adult who meets the definition of “third-party professional”.

(c) The alleged victim was a child at the time of the alleged abuse, as defined in these rules (OAR chapter 419, division 240).

(d) The relationship between the respondent and the alleged victim is due to the respondent’s position or occupation.

(e) If conditions in (2)(a-d) are not met, then the director of OTIS may determine that the Department is authorized by ORS 419B to investigate, and it is in the best interest of child safety for OTIS to investigate under these rules (OAR chapter 419, division 240).

(3) If an investigation is required under section (2) an OTIS supervisor or designee determines the OTIS initial contact timeline. The initial contact timeline refers to the amount of time between when a report is assigned for investigation and when the OTIS investigator is required to attempt to contact the alleged victim. The OTIS supervisor or designee must consider whether the respondent poses a risk to the alleged victim or other children to whom the respondent has access. The initial contact timeline must be:

(a) Within 24 hours.

(b) Within 72 hours. This response timeline must only be used when the OTIS investigator can clearly document how the information indicates that the safety of the child will not be compromised by not responding within 24 hours and whether an intentional delay to allow for a planned response is less likely to compromise the safety of the child.

(c) Within 10 business days. This response timeline must only be used when the report is historical abuse, and the respondent no longer has contact with the alleged victim and is not in a caregiving role for other children.

(d) An OTIS supervisor may change the OTIS initial contact timeline to within 72 hours or within 10 business days. The supervisor must explain in writing why the timeline was changed and how safety was considered when the change was approved.

(4) Close at screening.

(a) A report must be closed at screening when both of the following are true:

(A) The report was properly determined to be the responsibility of OTIS under OAR chapter 413, division 015.

(B) An investigation is not required under section (2) of this rule.

(b) A report may be closed at screening when the report of child abuse is being investigated by a law enforcement agency (ORS 419B.020(2)).

(c) OTIS supervisor or designee approval must be obtained when a report will be closed at screening.

(5) When a report is determined not to be the responsibility of OTIS under OAR chapter 413 division 015, OTIS must refer the report to the appropriate investigative authority. OTIS must follow mandatory reporting requirements of other Oregon Revised Statutes.

(a) If contact information was provided, the OTIS investigator must make diligent efforts to notify the reporter that the report was referred to another investigative authority.

(b) If other agencies were informed of the OTIS screening, the OTIS investigator must make diligent efforts to notify them of the referral to another investigative authority.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 50-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0630, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0135 Determining OTIS Response for Other Third-Party

(1) Based on information gathered in OAR 419-240-0120, an OTIS investigator must determine the OTIS response, which must be one of the following:

(a) An investigation is required under section (2) of this rule.

(b) An investigation is not required under section (2) of this rule and the report will be closed at screening as provided in section (4).

(c) Refer to other investigative authority as provided in section (5).

(2) Investigation required. An investigation is required when either:

(a) The OTIS investigator determines all of the following are true:

(A) The information alleged in the report meets the definition of abuse in ORS 419B.005.

(B) At the time of the alleged abuse, the respondent was an adult who meets the definition of “other third-party”.

(C) The alleged victim is a child, as defined in these rules (OAR chapter 419, division 240).

(b) The director of OTIS determines that the Department is authorized by Oregon law to investigate, and it is in the best interest of child safety for OTIS to investigate under these rules (OAR chapter 419, division 240).

(3) If an investigation is required under section (2) an OTIS supervisor or designee determines the OTIS initial contact timeline. The initial contact timeline refers to the amount of time between when a report is assigned for investigation and when the OTIS investigator is required to attempt to contact the alleged victim. The OTIS supervisor or designee must consider whether the respondent poses a risk to the alleged victim or other children to whom the respondent has access. The initial contact timeline must be:

(a) Within 24 hours.

(b) Within 72 hours. This response timeline must only be used when the OTIS investigator can clearly document how the information indicates that the safety of the child will not be compromised by not responding within 24 hours and whether an intentional delay to allow for a planned response is less likely to compromise the safety of the child.

(c) Within 10 business days. This response timeline must only be used when the report is historical abuse, and the respondent no longer has contact with the alleged victim and is not in a caregiving role for other children.

(d) An OTIS supervisor may change the OTIS initial contact timeline to within 72 hours or within 10 business days. The supervisor must explain in writing why the timeline was changed and how safety was considered when the change was approved.

(4) Close at screening.

(a) A report must be closed at screening when both of the following are true:

(A) The report was properly determined to be the responsibility of OTIS under OAR chapter 413, division 015.

(B) An investigation is not required under section (2) of this rule.

(b) A report may be closed at screening when the report of child abuse is being investigated by a law enforcement agency (ORS 419B.020(2)).

(c) OTIS supervisor or designee approval must be obtained when a report will be closed at screening.

(5) When a report is determined not to be the responsibility of OTIS under OAR chapter 413 division 015, OTIS must refer the report to the appropriate investigative authority and follow mandatory reporting requirements.

(a) If contact information was provided, the OTIS investigator must make diligent efforts to notify the reporter that the report was referred to another investigative authority.

(b) If other agencies were informed of the OTIS screening, the OTIS investigator must make diligent efforts to notify them of the referral to another investigative authority.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 51-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0640, filed 10/30/2024, effective 11/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0140 Notifications at the Conclusion of Screening

The OTIS investigator is responsible for making the following notifications when a report is assigned for investigation or closed at screening:

(1) Cross-report to local law enforcement agency as required in ORS 419B.015 by providing the full screening report.

(2) Make diligent efforts to notify the reporter that the report was assigned for investigation or closed at screening.

(3) Other notifications as required or otherwise authorized including, but not limited to:

(a) Appropriate personnel within the Department.

(b) The employer, contract holder, licensor, certifier, or other regulatory entity of the respondent when the respondent meets the definition of “third-party professional”. An exception may be granted when the notification could compromise a child's safety or a criminal investigation.

(c) The Tribe as provided under OAR chapter 413, division 115 when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(d) Disability Rights Oregon when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability (ORS 419B.035(1)).

(e) The Office of Developmental Disabilities Services (ODDS), when a report involves a child receiving services from ODDS.

(f) Teacher Standards and Practices Commission as provided in ORS 419B.035.

(g) The Department of Early Learning and Care when required by ORS 419B.020 or ORS 419B.035.

(h) Any individual, administrative hearings officer, court, agency, organization, other entity when determined necessary under ORS 419B.035(3).

(4) When a report involves an OYA foster home, the OTIS investigator must make the following notifications:

(a) OYA Professional Standards Office

(b) When the child is in the custody of the Department or OYA, the OTIS investigator must notify the legal guardian for the child of the screening decision.

(5) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

(6) The Department must not disclose the name and address of, and other identifying information about the reporter. The Department must make available any information necessary to ensure the safety of the child, including the name of the person who may have conducted the suspected abuse. Any person or entity to whom notification is made under this section may not release any information not authorized by this section

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050
• OTIS 53-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0650, filed 10/30/2024, effective 11/01/2024
• DHS 16-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0150 Investigating Reports of Abuse

An OTIS investigator must attempt and, when possible, complete all of the following activities when a report has been assigned for investigation:

(1) The OTIS investigator must contact the responsible law enforcement agency, if applicable, as provided in ORS 419B.015, to establish if a criminal investigation is being conducted and jointly determine the roles and responsibilities of OTIS and the law enforcement agency in their respective investigations.

(2) Share information and coordinate with Department personnel or other appropriate entities who have responsibilities to the child associated with the report of abuse.

(3) Make initial contact with the alleged victim of abuse within the OTIS initial contact timeline assigned at screening. When an alleged victim is currently a child the OTIS investigator must attempt to contact the alleged victim’s legal guardian within the OTIS initial contact timeline assigned at screening.

(4) The OTIS investigator must provide advanced notification to the Indian Tribe of any intent to make contact with an individual on a reservation.

(5) Attempt to interview the following:

(a) The alleged victim in the report. The OTIS investigator must notify the legal guardian of a child prior to any interview with a child, unless notification is prohibited by law or court order or would compromise safety or a criminal investigation.

(b) Any witnesses to the alleged abuse.

(c) The respondent.

(A) Prior to requesting an investigative interview, the OTIS investigator must ensure the respondent is provided written notification.

(B) If the respondent refuses to be interviewed, this must be documented in the abuse investigation report.

(C) If the respondent does not respond to a request to be interviewed, at least three additional attempts to interview the respondent must be made:

(i) At least one of the additional three attempts must be made by phone to the last known phone number.

(ii) At least one of the additional three attempts must be made by mail to the last known address.

(iii) All attempts to contact the respondent must be documented in the abuse investigation report.

(d) Others who may have knowledge of the facts of the alleged abuse or related circumstances as determined appropriate by the OTIS investigator.

(6) Conduct interviews in person when practicable.

(7) When interviewing a “foster child” as defined in ORS 418.200, inform the “foster child” of their right to have an attorney or court-appointed advocate of their choosing present for the interview.

(8) Conduct interviews with alleged victims and witnesses alone if determined appropriate by the OTIS investigator.

(9) Inform individuals being interviewed that they may decline to be interviewed.

(10) Comply with ORS 419B.045 when an interview or other contact will occur on public school premises.

(11) Obtain and review relevant material evidence, which includes, but is not limited to:

(a) Conducting a site visit to the location that is the subject of the report of abuse or other relevant location as determined appropriate by the OTIS investigator.

(b) Receiving and/or reviewing video or audio records from the community.

(c) Receiving, reviewing, or copying records, documents and materials pertaining to the alleged victim of abuse.

(d) Receiving, reviewing, or copying records, documents and materials pertaining to the respondent.

(e) Taking photographs as determined appropriate by the OTIS investigator.

(f) Receiving and reviewing relevant law enforcement records.

(12) When an OTIS investigator observes a child, who has suffered a suspicious physical injury and the OTIS investigator is certain or has reasonable suspicion that the injury is or may be the result of abuse, the OTIS investigator must comply with ORS 419B.023 (Karly's Law). This includes:

(a) Identifying the protocols and procedures of the applicable county multidisciplinary child abuse team described in ORS 418.747; and

(b) Ensuring photographs are taken and medical assessments are pursued as provided in the applicable protocol.

(13) If any of the requirements in (1) through (11) of this rule cannot be met:

(a) Consult with an OTIS supervisor regarding the requirements that cannot be met;

(b) Obtain approval from an OTIS supervisor for deviating from the requirements of this rule; and

(c) Explain which requirements in this rule that cannot be met and document OTIS supervisor approval in the investigative report.

(14) When investigation activities are complete:

(a) Unless an exception in OAR 419-240-0160 (Exception to Completing an Investigation) applies, make an abuse determination as provided in OAR 419-240-0170;

(b) Issue an abuse investigation report as provided in OAR 419-240-0180; and

(c) Make notifications as provided in OAR 419-240-0190.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 - 419B.050, 418.200 - 418.202 & Senate Bill 1533 (2026 OL chapter 81, §§ 2, 3)
• OTIS 4-2026, amend filed 06/18/2026, effective 06/18/2026
• OTIS 52-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0660, filed 10/30/2024, effective 11/01/2024
• DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0160 Exception to Completing an Investigation

(1) The OTIS Supervisor may determine that an assigned report does not require an investigation or abuse determination under the following exceptions:

(a) The report was assigned for investigation in error; or

(b) The OTIS investigator received information after the report was assigned for investigation and that information, in combination with the corresponding screening report, no longer constitutes a report of abuse as defined in 419B.005. This exception may be used only when the OTIS investigator and an OTIS supervisor or designee determine the information:

(A) Relates directly to and specifically negates all allegations in the screening report; and

(B) Is considered on the basis of the objectivity of the individual providing the information and the quality of the information.

(2) An investigation must be completed when the OTIS investigator has already interviewed the alleged victim, unless the alleged victim is the reporter.

(3) The OTIS investigator must document the exception and:

(a) Explain the basis for the determination that an OTIS investigation is no longer required; and

(b) Document the name of the OTIS supervisor who was consulted and approved an exception under this rule.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 54-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0670, filed 10/30/2024, effective 11/01/2024
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0170 Abuse Determination

(1) Abuse Determination Requirements.

(a) Except as provided in OAR 419-240-0160 (Exception to Completing an Investigation), an abuse determination must be made for all reports of abuse that are determined to require an investigation.

(b) When making an abuse determination, the standard of proof is reasonable cause to believe.

(c) Based on the available evidence after conducting an investigation, the possible abuse determinations are:

(A) "Founded,” which means there is reasonable cause to believe the abuse occurred.

(B) "Unfounded,” which means there is no evidence the abuse occurred.

(C) "Unable to Determine,” which means there is some indication that the abuse occurred but there is insufficient evidence to conclude that there is reasonable cause to believe that the abuse occurred. “Unable to Determine” may only be used in the following circumstances:

(i) After extensive efforts have been made, the OTIS investigator is unable to locate the alleged victim; or

(ii) After completing the investigation, there is insufficient information to support an abuse determination of Founded or Unfounded and the alleged victim is unable or unwilling to provide consistent information or there is conflicting information from collateral contacts.

(2) Except as provided in section (3), abuse of a child, for the purpose of making an abuse determination on a report subject to ORS 419B.005, means:

(a) Child selling, including the selling of a child that consists of buying, selling, bartering, trading, or offering to buy or sell the legal or physical custody of a child.

(b) Mental injury which shall include only cruel or unconscionable acts or statements made, or threatened to be made, to a child if the acts, statements or threats result in severe harm to the child’s psychological, cognitive, emotional or social well-being and functioning.

(c) Neglect, including failure, through action or omission, to provide and maintain adequate food, clothing, shelter, medical care, supervision, protection, or nurturing that is likely to endanger the health or welfare of the child. Neglect may include but is not limited to the following:

(A) Physical neglect, which includes each of the following:

(i) Failing to provide for the child's basic physical needs including adequate shelter, food, and clothing.

(ii) Permitting a child to enter or remain in or upon premises where methamphetamines are being manufactured.

(iii) Unlawful exposure of a child to a controlled substance, as defined in ORS 475.005, or unlawful manufacturing of a cannabinoid extract, as defined in ORS 475C.009, that subjects a child to a substantial risk of harm to the child's health or safety. When the OTIS investigator is making a determination of physical neglect based on a substantial risk of harm to the child's health due to unlawful exposure to a substance, this determination must be consistent with medical findings.

(B) Medical neglect is a refusal or failure to seek, obtain, or maintain necessary medical, dental, or mental health care. Medical neglect includes withholding medically indicated treatment from infants who have disabilities and life-threatening conditions. However, failure to provide a child with immunizations or routine care alone does not constitute medical neglect. When the OTIS investigator is making a determination of medical neglect, this determination must be consistent with medical findings.

(C) Lack of supervision and protection, including failure to provide supervision and protection appropriate to the child's age, mental ability, and physical condition.

(D) Desertion, which includes the respondent leaving the child with another person and failing to reclaim the child, or respondent failure to provide information about their whereabouts, providing false information about their whereabouts, or failing to establish a legal guardian or custodian for the child.

(E) Psychological neglect, which includes serious inattention to the child's need for affection, support, nurturing, or emotional development. The respondent’s behavior must be related to the observable and severe harm of the child's psychological, cognitive, emotional, or social well-being and functioning.

(d) Physical abuse, including an injury to a child that is inflicted or allowed to be inflicted by non-accidental means that results in harm. Physical abuse may include injury that could not reasonably be the result of the explanation given. Physical abuse may also include injury that is a result of discipline or punishment. Examples of injuries that may result from physical abuse include, but are not limited to:

(A) Head injuries;

(B) Bruises, cuts, lacerations;

(C) Internal injuries;

(D) Burns or scalds;

(E) Injuries to bone, muscle, cartilage, and ligaments;

(F) Poisoning;

(G) Electrical shock; and

(H) Death.

(e) Sexual abuse, which includes:

(A) A person's use of a child for the person's own sexual gratification, the sexual gratification of another person, or the sexual gratification of the child. Sexual abuse includes incest, rape, sodomy, sexual penetration, fondling, and voyeurism.

(B) Sexual exploitation, including, but not limited to, the use of a child in a sexually explicit way for personal gain to make money, in exchange for goods, services, or drugs, or to gain status. Sexual exploitation also includes using children in prostitution or using children to create pornography.

(C) Sex trafficking.

(f) Threat of harm, including all activities, conditions, and circumstances that place the child at threat of severe harm of physical abuse, sexual abuse, neglect, mental injury, or other abuse.

(3) Abuse does not include reasonable discipline unless the discipline results in one of the conditions described in section (2) of this rule.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 3-2026, amend filed 05/28/2026, effective 05/28/2026
• OTIS 4-2025, temporary amend filed 12/22/2025, effective 01/01/2026 through 06/29/2026
• OTIS 55-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0680, filed 10/30/2024, effective 11/01/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 4-2023, temporary amend filed 08/31/2023, effective 09/01/2023 through 02/27/2024
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0180 Abuse Investigation Report

(1) Timeline to Complete the Abuse Investigation Report. Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete and electronically submit the abuse investigation report for supervisor approval within 60 calendar days from the date the report was assigned for investigation.

(a) An OTIS supervisor must review and approve the completed abuse investigation report within five business days of the electronic submission by the OTIS investigator.

(b) An extension to the timeline may be granted as provided in this section:

(A) OTIS supervisor may approve a one-time 30 calendar day extension when good cause is shown, such as when critical information necessary to make an abuse determination is outstanding.

(B) The director of OTIS or designee may approve additional extensions only for reasons beyond the control of OTIS, such as to allow a law enforcement investigation to proceed.

(C) When an extension is granted, the OTIS investigator must notify relevant entities of the approved extension and the new due date for the report's completion, except when it could compromise a child's safety or a criminal investigation.

(2) Contents of the Abuse Investigation Report. The OTIS investigator must prepare a written report that includes all of the following:

(a) A description of the allegation of abuse being investigated, including the date, location, and time, if known.

(b) An outline of steps taken, and information gathered in the investigation including, but not limited to, a list of all witnesses interviewed, and summary of information obtained from interviews and list of sources of information reviewed, such as records, documents, reports, and summary of information obtained from those information sources.

(c) A specific determination of whether the abuse allegation is “Founded”, “Unfounded”, or “Unable to Determine”, as provided in OAR 419-240-0170 and the basis for that determination.

(d) A list of all individuals and entities notified under OAR 419-240-0190.

(e) The name and title of the individual completing the abuse investigation report.

(f) Documentation that an OTIS supervisor has reviewed and approved the abuse investigation report.

(3) The failure of OTIS to include all elements of section (2) does not invalidate the written report or abuse determination.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 56-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0690, filed 10/30/2024, effective 11/01/2024
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0190 Notifications and Report Distribution

After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications:

(1) OTIS must notify law enforcement of the abuse determination and may provide a unredacted copy of the abuse investigation report.

(2) OTIS must make diligent efforts to notify the reporter, if contact information was provided, of the following information:

(a) Whether contact with the child was made, and

(b) Whether OTIS determined abuse occurred.

(3) OTIS must notify the legal guardian of the alleged victim of the abuse determination when the alleged victim is currently a child.

(4) OTIS must notify the respondent when:

(a) A report is determined to be "Unfounded" or "Unable to Determine" (see OAR 419-240-0170), OTIS must provide written notice to the respondent.

(b) A report is determined to be “Founded” (see OAR 419-240-0170), OTIS must send a Notice of Abuse Determination (as described in ORS 183.415) to the respondent by:

(A) Regular mail and certified mail with return receipt requested.

(B) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(C) A copy of the Notice of Abuse Determination must also be provided to the respondent's attorney, if applicable.

(c) Information on how to request a redacted copy of a founded report must be included in the Notice of Abuse Determination sent to the respondent. The information must state the conditions for when the respondent may make this request.

(5) Others as required or otherwise authorized including, but not limited to:

(a) Appropriate personnel within the Department.

(b) The employer, contract holder, licensor, certifier, or other regulatory entity of the respondent when the respondent meets the definition of “third-party professional”. An exception may be granted when the notification could compromise a child's safety or a criminal investigation.

(c) OYA's Professional Standards Office when a report involved an OYA foster home, facility or employee.

(d) The Tribe (as provided under OAR chapter 413, division 115) when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(e) Disability Rights Oregon, when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability (ORS 419B.035(1)).

(f) The Office of Developmental Disabilities Services (ODDS), when a report involves a child receiving services from ODDS.

(g) Teacher Standards and Practices Commission as provided in ORS 419B.035.

(h) The Department of Early Learning and Care when required by ORS 419B.020 or 419B.035.

(i) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(6) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.027 & ORS 419B.005 - 419B.050
• OTIS 57-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0700, filed 10/30/2024, effective 11/01/2024
• DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024
• DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
• DHS 17-2023, minor correction filed 12/11/2023, effective 12/11/2023
• DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Or. Admin. R. 419-240-0200 Confidentiality

Information gathered and records and reports compiled during an OTIS investigation are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed.

History

• Statutory/Other Authority: ORS 409.050
• Statutes/Other Implemented: ORS 419B.005 to 419B.050
• OTIS 58-2024, minor correction filed 11/01/2024, effective 11/01/2024
• DHS 16-2024, renumbered from 407-047-0710, filed 10/30/2024, effective 11/01/2024
• DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021

Division 300 REFERRAL AGENTS FOR PROGRAMS

Or. Admin. R. 419-300-0000 Purpose

The purpose of OAR Chapter 419 Division 300 is to ensure that Referral Agents who refer children to programs are registered with the Oregon Department of Human Services. This rule applies to both children who are residents of Oregon being referred to a program in or out of the State of Oregon and children from other states who are being referred to a program in the State of Oregon.

History

• Statutory/Other Authority: ORS 418.351 - 418.357 & ORS 409.050
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• OTIS 1-2024, minor correction filed 03/01/2024, effective 03/01/2024
• DHS 7-2024, renumbered from 407-049-0000, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0005 Definitions

Unless the context indicates otherwise, the following definitions apply to the rules in OAR Chapter 419, Division 300:

(1) “Applicant” means a person that has submitted an application and disclosure template to register as a referral agent.

(2) “Certificate of Registration” means the document a referral agent receives when the agent has completed the Department approved program Referral Registration requirements. A Certificate of Registration does not constitute recommendation or endorsement of the referral agent by the Oregon Department of Human Services, and a registration does not evidence the accuracy or completeness of the information set forth in the disclosure.

(3) "Client" means a parent or legal guardian or other person seeking a referral or recommendation for programs for a person under the age of 18 who is experiencing behavioral, emotional, mental health, substance use, delinquency, or disability-related challenges.

(4) “Compensation” means:

(a) Any financial or material gain from one or more program in a total amount of $75.00 or more during a calendar year in exchange for providing program referral services to those programs; including, but not limited to, gain by salary, benefits, commission, payment, gift cards, donations, discounts, and other items of value that result in material gain to the person providing program referral services.

(b) “Compensation” does not include: Expenditures by programs to educate the referral agent regarding a particular program, as long as long as they are customary, ordinary, and reasonable. Travel, lodging and meals associated with visiting a program or a working lunch when a referral agent visits a program are customary, ordinary, and reasonable expenditures.

(5) “Consent” means the client has given their permission and has knowledge of the nature of the action or transaction involved.

(6) “Department” means the Oregon Department of Human Services, The Office of Training, Investigations, and Safety.

(7) “Disclosure” means a written statement provided by the referral agent to a client and to the Department as outlined in OAR 419-300-0030.

(8) “Employee” means an individual employed by a referral agent and who is compensated by an hourly wage, salary, or commission.

(9) “Licensing Action” means any formal regulatory action(s) taken by the licensing authority intended to halt, address, and/or correct noncompliance of a program. Licensing Actions include but are not limited to Corrective Actions, Civil Penalties, Denial, Suspension, or Revocation of a License and Imposing Conditions on a License.

(10) "Placement Information" means any information a person collects from a client about the client or the subject of placement, including but not limited to name, electronic mail address, telephone number, zip code, medical history, information about necessary services or the reasons for seeking care at the program as defined in this rule.

(11) “Person” means an individual, corporation, association, firm, partnership, limited liability company , and joint stock company, as well as other entity defined in ORS 174.100

(12) “Program” means:

(a) A residential care program or facility that meets the criteria of a child-caring agency as defined in ORS 418.205, regardless of whether the program is located in Oregon or out of Oregon.

(b) “Program” does not include:

(A) A hospital as defined in ORS 442.015 or a rural hospital as defined in ORS 442.470.

(B) An adoption agency.

(C) An academic boarding school that provides educational services and care to children 24 hours a day and does not offer or arrange specialized treatment or therapeutic services to students with disabilities or to students with social, emotional, or behavioral problems.

(13) “Program Referral” means a referral to a program in connection with which the referral agent receives compensation from any source when:

(a) The client or the subject of placement resides in the State of Oregon.

(b) The referral agent resides in or has a primary place of business in the State of Oregon; or

(c) The program to which the referral is made is located in the State of Oregon.

(14) "Referral agent" means:

(a) A person, educational consultant, employee of a referral agency, or independent contractor that provides referrals for clients and subjects of placement to Program(s). Referral agents are commonly referred to as Educational Consultants or Therapeutic Consultants.

(b) “Referral agents do not include:

(A) A public body as defined in ORS 174.109.

(B) A residential care program or its employees.

(C) A physician licensed under ORS Chapter 677 or a nurse practitioner licensed under ORS 678.375 to 678.390 if the subject of placement is a patient of the physician or nurse practitioner and the physician or nurse practitioner has deemed the placement to be medically necessary.

(15) “Secure Transportation Services Provider” means a private organization or person that provides secure transportation or secure escort services for children to or from a school, agency, organization, program, or child-caring agency as defined in ORS 418.205(2)(a)(A), if the school, agency, organization or program is located in this state or in any other state.

(16) "Subject of Placement" means the individual to be placed with a program through a referral.

(17) “Subject of Placement Records” and “Client Records” are including, but limited to, documents that were obtained or generated by the referral agent in order to refer the subject of placement to a program:

(a) any written agreement entered on behalf of the subject of placement to the referral agent and/or written agreement between the client and referral agent

(b) disclosures provided to the client

(c) all notes of meetings and deliberations on placement referrals for a subject of placement

(d) financial records

(e) treatment records

(f) service delivery logs

(g) incident reports

(h) case notes or progress notes

(i) medication logs

(j) clinical assessments and diagnostic information

(k) names and contact information for subject of placement’s parents or guardians

(l) date of birth of the subject of placement

(m) educational logs, reports, notes, and plans

(n) law enforcement reports, and notes

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• OTIS 2-2024, minor correction filed 03/01/2024, effective 03/01/2024
• DHS 7-2024, renumbered from 407-049-0005, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0010 Registration Required

A referral agent who provides a referral to a client whose child is a resident of the State of Oregon or a client whose child will be placed in the State of Oregon in a program must be registered and obtain a Certificate of Registration with the Department if they:

(1) Provide referral services to a client on or after January 1, 2022.

(2) Solicit prospective clients and programs; or

(3) Collect compensation from a program for placement of a client on or after January 1, 2022.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• DHS 7-2024, renumbered from 407-049-0010, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0020 Registration

All referral agents must apply to be registered with the Department as a referral agent prior to making a program referral.

(1) APPLICATION FOR REGISTRATION:

(a) Application for registration must be made to the Department on forms prescribed by the Department. The application must include:

(A) The registration fee as described in section (3) of this rule;

(B) The disclosure as described in OAR 419-300-0030.

(C) General liability insurance requirements, as described in OAR 419-300-0050; and

(D) Background check requirements as described in OAR 419-300-0040.

(E) A valid e-mail address.

(F) A copy of the referral agent’s complete personnel list with job titles, and organization chart.

(G) Other documents or information requested by the Department.

(b) The application is not considered complete until the Department receives all the required information and the registration fee.

(c) The application for registration must be signed by the applicant.

(d) Registration must be renewed with the Department every two years.

(2) APPLICATION FOR REGISTRATION RENEWAL:

(a) Application for registration renewal must be made to the Department on forms prescribed by the Department. The application must include:

(A) The registration fee as described in section (3) of this rule.

(B) The disclosure as described in OAR 419-300-0030.

(C) General liability insurance requirements, as described in OAR 419-300-0050.

(D) Background check requirements as described in OAR 419-300-0040.

(E) A valid e-mail address.

(F) A copy of the referral agent's complete personnel list with job titles, and organization chart.

(G) Other documents or information requested by the Department.

(b) The application for registration renewal is not considered complete until the Department receives all the required information and the registration fee.

(c) The application for registration must be signed by the applicant.

(d) Within 30 days of the receipt of an application and the documents described in section (2) of this rule, the Department will begin its review to determine whether the applicant is or will be in compliance with applicable rules in OAR chapter 419, division 300 and whether denial is required or appropriate. In connection with its evaluations, the Department may examine the records and files of the applicant only as it applies to the program referral and interview children and families served by the applicant in the prior two year registration period.¶

(e) The Department will issue a certificate of registration as described in section 4 of rule.

(f) Any application received within 12 months of a certificate having expired will be eligible to follow the renewal application process as described in this rule.

(3) REGISTRATION FEE:

(a) The initial application for registration must be accompanied by a fee of $325.00.

(b) After the initial application registration, subsequent renewal fee shall be $325.00.

(4) ISSUANCE OF REGISTRATION:

(a) The Department shall issue a Certificate of Registration once the applicant has:

(A) Submitted a completed application, disclosure, proof of general liability insurance requirements, proof of completed and approved background check requirements, any other required information; and

(B) Met all other requirements as described by these rules.

(b) The Certificate of Registration issued by the Department will identify the person as a referral agent and will include the following:

(A) Name of the person to be registered; and

(B) Effective date of the registration.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• OTIS 3-2024, minor correction filed 03/01/2024, effective 03/01/2024
• DHS 7-2024, renumbered from 407-049-0020, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0030 Disclosure

(1) All referral agents must have a written disclosure and shall provide it to the client for every program the client is referred.

(2) The referral agent’s disclosure must be submitted, approved by the Department, and maintained in the referral agent's file with the Department. To amend a disclosure, a referral agent must file all amended documents and new material with the Department for review and approval before providing to a client.

(3) DISCLOSURE REQUIREMENTS

(a) The written disclosure must be provided to the client at the same time the client is offered information, referral information or recommendation regarding a program. The written disclosure must be conspicuous, provided in clear language and include a description of the program referral to be provided by the referral agent. The written disclosure must include:

(A) The names of all agencies that license the program and the type of licenses the program currently holds;

(B) All licensing actions taken against the program or its parent company in the prior 24 months, based on direct inquiry with each entity that licenses the program;

(C) The number of substantiated allegations of abuse, deaths and/or serious injuries at the agency in the prior 24 months, based on direct inquiry with each entity that licenses the agency or investigates abuse at the agency;

(D) The program’s restraint, seclusion, and behavioral management policy;

(E) Names, titles, and educational background of the leadership team of the program;

(F) Day and nighttime ratios of staff to person(s) under 18 of the program;

(G) Whether the program serves youth offenders;

(H) Names, titles, and educational background of all health care program providers who are employees of the program.

(I) If the program advertises treatment services, whether the program is regulated as a behavioral health center by its state’s health authority;

(b) A description of the relationship between the referral agent and the program including:

(A) A statement of whether the referral agent provides program referrals only to programs with which the agent has an existing contract, and the length of any contract(s).

(B) A disclosure of all sources of fees, compensation, or consideration the referral agent may receive in exchange for making the program referral

(c) A description of the referral agent’s qualifications and business practices, including:

(A) The referral agent’s contact information, including address and telephone number.

(B) The referral agent’s educational background and qualifications.

(C) The referral agent’s privacy policy.

(d) The date of the referral agent’s last visit to every program and whether the visit was in person or a virtual tour as permitted under OAR 419-300-0100 (5).

(e) A disclosure that the referral agent is registered by the Department and all referral documentation is subject to review by the Department.

(f) Referrals made by a referral agent to a Secure Transportation Services Provider must include the following disclosure: ORS 418.215 requires a secure transportation services provider that transports children to or from a school, agency, organization or program along a route that begins or ends in Oregon to be licensed by the Department of Human Services.

(4) The referral agent must maintain records documenting the provision of the disclosure to the client for a duration prescribed in OAR 419-300-0080.

(5) To amend a disclosure, a referral agent must file all amended documents and new material with the Department for review and approval.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• OTIS 4-2024, minor correction filed 03/01/2024, effective 03/01/2024
• DHS 7-2024, renumbered from 407-049-0030, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0040 Background Check

(1) Any referral agent, including any employee, independent contractor, or volunteer of a referral agent, who comes into direct contact with clients, or subjects of placement, must complete a background check process with the Department’s Background Check Unit (as described in OAR 407-007-0200 to 407-007-0370) and have an outcome of approved by the Department’s Background Check Unit.

(2) Direct contact includes:

(a) In-person contact;

(b) Telephone contact with clients or subject of placement to obtain client-specific information or the subject of placement’s information, including, but not restricted to a client's or the subject of placement’s medical, financial, treatment, and/or program needs; or

(c) Electronic communication with clients or subject of placement to obtain client-specific information or the subject of placement’s information, including, but not restricted to a client’s or the subject of placement’s medical, financial, treatment, and/or program needs; or

(d) Contact with clients or the subject of placement through written communication via US mail, any other delivery services, or facsimile to obtain client-specific information or the subject of placement’s information, including, but not restricted to a client's medical, financial, treatment, and/or program needs.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• DHS 7-2024, renumbered from 407-049-0040, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0050 General Liability Insurance Requirements

(1) An applicant must demonstrate that they maintain at least one million dollars in general liability insurance.

(2) A referral agent must demonstrate that they maintain at least one million dollars in general liability insurance upon renewal of registration.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357
• Statutes/Other Implemented: ORS 409.050
• DHS 7-2024, renumbered from 407-049-0050, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0060 Program Referrals

(1) A referral agent shall provide a client with a disclosure at the same time the client is offered information, referral, or recommendation regarding a program. The written disclosure must meet the same standard as the disclosure that was provided to the Department as described in OAR 419-300-0030.

(2) The referral agent must provide to the client a website or written notice for each program to which the referral agent makes program referrals. The website or written notice must include the following:

(a) A link to the state agency website listing licensing or substantiated abuse complaints concerning the program;

(b) Contact information to facilitate reporting of abuse or neglect and licensing violations in the state in which the program is located; and

(c) Contact information for all law enforcement agencies responsible for coverage of the community in which the program is located.

(3) Before a referral agent refers a client to a program the referral agent must review and disclose the following information as required by OAR 419-300-0030 (3):

(a) All licensing actions taken against the program or its parent company in the prior 24 months, based on direct inquiry with each agency that licenses the program;

(b) The number of substantiated allegations of abuse, deaths and or serious injuries at the program in the prior 24 months, based on direct inquiry with each entity that licenses the program or investigates abuse at the program.

(4) A client in accordance with ORS 418.353 (5), may bring a cause of action for a violation of the following rules:

(a) OAR 419-300-0030;

(b) OAR 419-300-0060;

(c) OAR 419-300-0070; or

(d) OAR 419-300-0100.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• OTIS 5-2024, minor correction filed 03/01/2024, effective 03/01/2024
• DHS 7-2024, renumbered from 407-049-0060, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0070 Contracting with a Program

A referral agent must include in any contract with a program any provisions prohibiting the referral agent from collecting compensation for a referral to a “program” when the program is a subsequent program as described in this subsection.

(1) A program is a subsequent program if:

(a) The subject of placement enters a program to which the subject of placement is referred by a first referral agent, but subsequently leaves that program; and

(b) A new referral agent refers the subject of placement to the subsequent program.

(2) When a program referral is made to a subsequent program for a subject of placement by a new referral agent as described in paragraph (a) of this subsection, the new referral agent must present evidence to the subsequent program that the first referral agent is not entitled to compensation for the referral.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• DHS 7-2024, renumbered from 407-049-0070, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0080 Subject of Placement and Client Records

(1) A referral agent must maintain the client’s and the subject of placement’s records for a minimum of five years after the subject of placement turns 18 and is no longer receiving services from the referral agent, whichever is greater.

(2) A referral agent must provide a client access to the client’s and the subject of placement’s records, retained by the referral agent, within 30 calendar days of the client’s oral or written request for records.

(3) A referral agent must provide the Department with any client records upon request by the Department.

(4) Records must be must accurately prepare and safely store its records and ensure the records are readily available for inspection by the Department.

(5) Records must be uniform in organization, readily identifiable and accessible, current and complete, and contain all of the information required in OAR 419-300-0005 (17).

(6) Records must be corrected, when necessary, by the use of a single line drawn through the incorrect information, the addition of the correct information, a notation of the date the correction is made, and the initials of the person making the correction. No "white out," eraser tape, or other means of eradicating information may be used to make a change to a record.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 6-2024, minor correction filed 03/01/2024, effective 03/01/2024
• DHS 7-2024, renumbered from 407-049-0080, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0090 Mandatory Reporting

(1) Referral agents are mandatory reporters of child abuse pursuant to ORS 419B.005 through 419B.050. This includes abuses occurring in child-caring agencies as defined in ORS 418.205 through 418.327.

(2) Mandatory Reporters are any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made in the manner required in ORS 419B.015.

(3) Referral agents are required to complete mandatory reporting training approved by the Department.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.205 to 418.327, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357
• Statutes/Other Implemented: ORS 409.050, ORS 418.205 to 418.327 & ORS 419B.005 to 419B.050
• DHS 7-2024, renumbered from 407-049-0090, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0100 Prohibited Activities

(1) A referral agent is prohibited from the following activities:

(a) Sharing a client’s or subject of placement’s information to a program or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information.

(b) Referring a client or a subject of placement to a program in which the referral agent or an immediate family member of the referral agent has an ownership interest.

(c) Contacting a client who has requested in writing that the referral agent stop contacting the client.

(d) Referring a client to a program that is not licensed by the agency responsible for licensing programs in the state where the program is located.

(e) Referring a client to a program without personally touring the program within the prior 24 months. If the tour occurred during a time when personal tours were prohibited by a federal, state, or local emergency declaration, virtual tours are permitted.

(f) Referring a client to a program that has had a restriction, revocation, or suspension of its license by any licensing entity within the prior 12 months.

(g) Referring a client to an organization or company that offers secure transportation services that is not approved by the Department to accept referrals, under rules that have been adopted by the Department.

(h) Referring a client to a program that provides any compensation, or consideration to the referral agent in exchange for the referral.

(i) A referral agent can neither solicit nor accept compensation from program for placing or attempting to place students with them.

(j) A referral agent is expressly forbidden quid pro quo relationships involving referral of clients tied to relationships that promise the exclusive or more favorable use of a particular program.

(2) A referral agent must provide an acknowledgement form to each client that is approved by the department describing all prohibited activities described in OAR 419-300-0100.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• DHS 7-2024, renumbered from 407-049-0100, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0110 Administrative Sanctions and Civil Penalties

The Department may impose an administrative sanction or a civil penalty against a referral agent for noncompliance with these rules (OAR 419-300-0000 – 419-300-0100), as follows:

(1) ADMINISTRATIVE SANCTIONS: The Department may deny, suspend, revoke, or refuse to renew a registration when the Department finds:

(a) There has been substantial failure to comply with these rules or where there is substantial noncompliance with local codes and ordinances or any other state or federal law or rule applicable to rights of clients receiving the services under these rules.

(b) The application or renewal for the Certificate of Registration contains fraudulent information or material misrepresentations.

(c) The referral agent fails to comply with a final order of the Department to correct a violation of these rules for which a certification action or administrative sanction has been imposed; or

(d) The referral agent fails to comply with a final order of the Department imposing a certification action or administrative sanction.

(e) The referral agent has been determined to have a potential disqualifying conviction or potential disqualifying condition under OAR 407-007-0281 or 407-007-0290 and after a final fitness determination was denied under OAR 407-007-0320.

(f) The referral agent has an incomplete fitness determination or a final fitness determination of denied in accordance with the Background Checks for Providers rules, OAR 407-007-0200 to 407-007-0370, without a subsequent background check approval for the position of referral agent.

(2) CIVIL PENALTIES

(a) The Department may impose the following Civil Penalty for violation of registration:

(A) $750 when a referral agent refers a client to a program and the referral agent is not registered with the Department. If the referral agent knowingly fails to apply for registration, then this civil penalty may increase on the following schedule, up to:

(B) $1,500, after failing to apply for registration within 30 calendar days of notice of non-compliance.

(C) $3,000, after failing to register within 60 calendar days of notice of non-compliance.

(D) $6,000, after failing to register within 90 calendar days of notice of non-compliance.

(E) $10,000, after failing to register within 120 or more calendar days of notice of non-compliance.

(b) The Department may impose a civil penalty not to exceed $500 for each violation, unless otherwise required by law, on any referral agent who violates any section of OAR 419-300-0000 through 419-300-0100.

(c) The Department will consider the following factors in making a decision about the level of civil penalty imposed:

(A) The past history of the referral agent incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(B) Any prior violations of statutes or rules pertaining to the referral agent.

(C) The immediacy and extent to which the violation threatens or places at risk the health, safety, and well-being of the client or the subject of placement.

(d) Except as provided otherwise in section 2 (a) of this rule, for each violation by the referral agent the following civil penalty may be imposed:

(A) $200, per violation if all three subsections of (c) of this rule favors the referral agent.

(B) $300, per violation if two subsections of (c) of this rule favors the referral agent.

(C) $400, per violation if one of the subsections of (c) of this rule favors the referral agent.

(D) $500, per violation if no subsection of (c) of this rule favor the referral agent.

History

• Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357
• Statutes/Other Implemented: ORS 409.050
• OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
• OTIS 7-2024, minor correction filed 03/01/2024, effective 03/01/2024
• DHS 7-2024, renumbered from 407-049-0110, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Or. Admin. R. 419-300-0120 Notice and Hearing Rights

(1) NOTICE. A notice of administrative sanction or civil penalty shall follow procedures established by ORS 183.745 Civil Penalty Procedures and will be sent by Mail.

(2) RIGHT TO HEARING. If the Department proposes an administrative sanction or civil penalty the referral agent is entitled to a contested case hearing pursuant to ORS Chapter 183.

(3) REQUEST FOR HEARING. A referral agent who wishes to contest the proposed administrative sanctions or civil penalty must request a hearing within 20 calendar days of the date of mailing of the notice. The request must be made in writing and mailed or electronically submitted to the address in the notice. If mailed by First Class Mail, the date of postmark shall be the date of request.

(4) INFORMAL REVIEW. As part of this contested case hearing process, the referral agent may request that an informal review be held to discuss the merits of the case before the contested case hearing.

(a) The Department has discretion concerning whether to grant an informal review. If the Department grants the informal review, the referral agent will be contacted, and an informal review will be scheduled.

(b) If the referral agent and the Department resolve the issues to the satisfaction of the referral agent, then the Department will contact the Office of Administrative Hearings (OAH) and inform OAH the contested case hearing will not need to proceed if the referral agent was referred to OAH for resolution.

(5) FINAL ORDER BY DEFAULT. If a referral agent fails to submit a written request for a contested case hearing within 20 calendar days of receipt of the notice the Department’s original decision to impose an administrative sanction or civil penalty shall become a final order of the Department by default.

(6) CIVIL PENALTIES. The entire amount of the civil penalties are due within 10 calendar days after an order becomes final, either by default or after hearing.

History

• Statutory/Other Authority: ORS 409.050, ORS 183.341, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357
• Statutes/Other Implemented: ORS 409.050
• DHS 7-2024, renumbered from 407-049-0120, filed 03/01/2024, effective 03/01/2024
• DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
• DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022

Division 400 CHILD-CARING AGENCY LICENSING UMBRELLA RULES

Or. Admin. R. 419-400-0005 Definitions

Unless the context indicates otherwise, these terms are defined for use in OAR chapter 419, division 400:

(1) "Academic boarding school" means an organization or a program in an organization that:

(a) Provides educational services and care to children 24 hours a day; and

(b) Does not hold itself out as serving children with emotional or behavioral problems, providing therapeutic services, or assuring that children receive therapeutic services.

(2) "Adoption agency" means an organization providing any of the following services:

(a) Identifying a child for adoption and arranging an adoption.

(b) Securing the necessary consent to relinquishment of parental rights and to adoption.

(c) Performing a background study on a child or a home study on a prospective adoptive parent and reporting on such a study.

(d) Making determinations of the best interests of a child and the appropriateness of adoptive placement for the child.

(e) Monitoring a placement until final adoption.

(f) When necessary, because of disruption before final adoption, assuming custody and providing child care or other social services for the child pending an alternative placement.

(3) "Age-appropriate or developmentally appropriate activities" means activities or items that are generally accepted as suitable for children in care based on their development of cognitive, emotional, physical, and behavioral capacities.

(4) "Approved proctor foster parent" means an individual approved by a foster care agency to provide care to children in a proctor foster home.

(5) "Background check" means a criminal records check and abuse check done in compliance with the Department's criminal records and abuse check rules, OAR 407-007-0200 to 407-007-0370.

(6) "Birth parent" means each person who holds a legally recognized parental relationship to the child but does not include the adoptive parents in the adoption arranged by the adoption agency.

(7) "Boarding" means care or treatment services provided on a 24 hour per day basis to children.

(8) "Child in care" means an unmarried person under 21 years of age who resides in or receives care or services from a child caring agency.

(9) "Child-caring agency" is defined in ORS 418.205 and:

(a) Means any private school, private agency, or private organization providing:

(A) Day treatment for children with emotional disturbances;

(B) Adoption placement services;

(C) Residential care including, but not limited to, foster care or residential treatment for children;

(D) Outdoor youth programs;

(E) A secure transportation services provider;

(F) Any private organization or person that provides secure transportation services as defined by ORS 418.205(2)(a)(B); or

(G) Other similar care or services for children.

(b) Includes the following:

(A) A shelter-care home that is not a foster home subject to ORS 418.625 to 418.645;

(B) An independent residence facility as described in ORS 418.475;

(C) A private residential boarding school; and

(D) A child-caring facility as described in ORS 418.950.

(E) A county operated program that provides care or services to children in the custody of the Oregon Department of Human Services or the Oregon Youth Authority, or under a contract with the Oregon Health Authority, as described in ORS 418.205.

(c) Child-caring agency does not include:

(A) Residential facilities or foster care homes certified or licensed by the Department under ORS 443.400 to 443.455, 443.830 and 443.835 for children receiving developmental disability services.

(B) Any private agency or organization facilitating the provision of respite services for parents pursuant to a properly executed power of attorney under ORS 109.056. For purposes of this paragraph, "respite services" means the voluntary assumption of short-term care and control of a minor child without compensation or reimbursement of expenses for the purposes of providing a parent in crisis with relief from the demands of ongoing care of the parent's child;

(C) A youth job development organization as defined in ORS 344.415;

(D) A shelter-care home that is a foster home subject to ORS 418.625 to 418.645; or

(E) A foster home subject to ORS 418.625 to 418.645.

(F) A facility that exclusively serves individuals 18 years of age and older; or

(G) A facility that primarily serves both adults and children but requires that any child must be accompanied at all times by at least one custodial parent or guardian.

(10) “Children’s emergency safety intervention specialist” means a qualified mental health professional licensed to order, monitor and evaluate the use of seclusion and restraint in accredited and certified facilities that provide intensive mental health treatment services to individuals under 21 years of age.

(11) "Clinical supervisor" means an individual who meets the clinical supervisor qualifications in OAR 309-022-0125.

(12) "Cohabitating" means the act of two adults, unmarried to each other, living together in an intimate relationship as if married.

(13) "Contraband" means items the possession of which is prohibited by the child-caring agency including, but not limited to weapons or drugs.

(14) "Day treatment" means a comprehensive, interdisciplinary, nonresidential, community-based, psychiatric treatment, family treatment, and therapeutic activities integrated with an accredited education program provided to children with emotional disturbances and is subject to the requirements described in OAR 309-022-0100 through OAR 309-022-0192.

(15) "Day treatment agency" means a child-caring agency that provides psychiatric day treatment services and is subject to the requirements described in OAR 309-022-0100 through OAR 309-022-0192.

(16) "Department" means the Oregon Department of Human Services.

(17) “Developmental disabilities residential facility” means a residential facility or foster home for children who are 17 years of age or younger and receiving developmental disability services that is subject to ORS 443.400 to 443.455, 443.830 and 443.835.

(18) "Discipline" means a training process to help a child in care develop the self-control and self-direction necessary to assume responsibilities, make daily living decisions, and learn to conform to accepted levels of social behavior.

(19) "Disruption" means the interruption of an adoptive placement prior to the finalization of the adoption in a court of law.

(20) "Employee" means an individual holding a paid position with a child-caring agency.

(21) “Executive director” means the highest-ranking executive in an organization with ultimate responsibility for making organizational decisions.

(22) "Facility" means the physical setting, buildings, property, structures, administration, and equipment of a child-caring agency.

(23) "Family" means related members of a household, among whom at least one adult functions as a parent to one or more minor children.

(24) "Financial irregularities" means a condition or act characterized by intentional deception such as the intentional misstatement or omission of significant information in accounting records, financial statements, other reports, documents, or records.

(25) "Foster care agency" means a child-caring agency that offers to place children by taking physical custody of and then placing the children in proctor foster homes certified by the child-caring agency as provided in ORS 418.248 and these rules.

(26) "Homeless, runaway, and transitional living shelter" means a child-caring agency that provides residential services or operates a shelter, mass shelter, or transitional living program for homeless or runaway youth, pregnant or parenting girls, or other children in care working toward independent living.

(27) "Homeless or runaway youth" means a child in care who has not been emancipated by the juvenile court; lacks a fixed, regular, safe, and stable nighttime residence; and cannot immediately be reunited with their family.

(28) "ICWA" or "the Act" means the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901-63.

(29) "Indian child" means any unmarried person who is under age 18 and either:

(a) Is a member or citizen of an Indian tribe; or

(b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.

(30) "Intercountry adoption" means an adoption in which a child who is a resident and citizen of one country is adopted by a citizen of another country.

(31) “Involuntary seclusion” means the confinement of a child in care alone in a room or an enclosed space from which the child in care is prevented from leaving by any means. (Does not include age-appropriate discipline, including, but not limited to, time-out if the time-out is in a setting from which the child in care is not prevented from leaving by any means.)

(32) "Licensee" means a child-caring agency that holds a license issued by the Department.

(33) "Mass shelter" means a structure that contains one or more open sleeping areas in which, on a daily basis, only emergency services are provided to homeless or runaway youth, such as a meal and a safe place to sleep overnight.

(34) “Mechanical Restraint” means a device used to restrict the movement of a child in care or the movement or normal function of a portion of the body of a child in care.

(35) "Medication" means any drug, chemical, compound, suspension, or preparation in suitable form for use as a curative or remedial substance either internally or externally by any person.

(36) "ODDS" means the Office of Developmental Disabilities Services within the Department.

(37) "OYA" means the Oregon Youth Authority.

(38) "Outdoor living setting" means an outdoor field setting in which services are provided to children in care either more than 10 days per month for each month of the year or for longer than 48 hours at a location more than two hours from community-based medical services.

(39) "Outdoor youth program" means a program that provides, in an outdoor living setting, services to children in care who are enrolled in the program because they have behavioral problems, mental health problems, or problems with abuse of alcohol or drugs. "Outdoor youth program" does not include any program, facility, or activity operated by a governmental entity, operated or affiliated with the Oregon Youth Conservation Corps, or licensed by the Department under other authority of the Department. It does not include outdoor activities for children designed to be primarily recreational.

(40) "Outdoor youth program activity" means an outdoor activity, provided to children in care for the purpose of behavior management or treatment, which requires specially trained staff or special safety precautions to reduce the possibility of an accident or injury. Outdoor youth activities include, but are not limited to, hiking, adventure challenge courses, climbing and rappelling, winter camping, soloing, expeditioning, orienteering, river and stream swimming, and whitewater activities.

(41) "Over the counter medication" means any medication that does not require a written prescription for purchase or dispensing.

(42) "Placement" means when the child is placed in the physical or legal custody of prospective adoptive parents.

(43) "Proctor foster home" is defined in ORS 418.205 and means a foster home certified by a child-caring agency under ORS 418.248 that is not subject to ORS 418.625 to 418.645.

(44) "Program" means a set of one or more services provided by a child-caring agency that make the child-caring agency subject to the rules in OAR chapter 419, division 400.

(45) “Prone restraint” means a restraint in which a child in care is held face down on the floor.

(46) "Qualified Mental Health Professional (QMHP)" means an individual who meets the QMHP qualifications in OAR 309-022-0125.

(47) "Re-adoption" means a process in which a child whose adoption was completed in another country is re-adopted in this country.

(48) "Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child in care while encouraging the emotional and developmental growth of the child in care, that a substitute care provider shall use when determining whether to allow a child in care to participate in extracurricular, enrichment, cultural, and social activities.

(49) “Reportable injury” means any type of injury to a child in care, including but not limited to rug burns, fractures, sprains, bruising, pain, soft tissue injury, punctures, scratches, concussions, abrasions, dizziness, loss of consciousness, loss of vision, visual disturbance or death.

(50) "Report of suspected violation" means information that a child-caring agency may have failed to comply with an applicable requirement in:

(a) ORS 418.205 to 418.327;

(b) These rules, OAR 419-400-00005 to 419-400-0310;

(c) A contract with the Department to provide services to a child in care; or

(d) Behavior Rehabilitation Services (see OAR 413-095-0000 to 413-095-0080).

(51) "Residential care agency" means a child-caring agency that provides care and treatment services to children 24 hours a day in a staffed facility.

(52) “Restraint” means the physical restriction of a child in care’s actions or movements by holding the child in care or using pressure or other means.

(53) “Secure escort” means services for a child who poses a risk of elopement or where restraint or seclusion may be utilized if the child poses a risk of injury to self or others.

(54) “Secure nonemergency medical transportation provider” means a private organization or person that provides nonemergency medical secure transportation services licensed by and subject to rules adopted by the Oregon Health Authority.

(55) “Secure transportation” means the transport of a child in a vehicle specifically equipped to prevent a passenger from exiting, eloping or interfering with the operator of the vehicle. This excludes standard factory installed safety equipment such as seat belts or child-safety locks.

(56) “Secure adolescent inpatient treatment program” means a child-caring agency that is an intensive treatment services program, as described by the Oregon Health Authority (see OAR 309-022-0100), that provides inpatient psychiatric stabilization and treatment services to individuals under 21 years of age who require a secure intensive treatment setting.

(57) “Secure children’s inpatient treatment program” means a child-caring agency that is an intensive treatment services program, as described by the Oregon Authority by (see OAR 309-022-0100), that provides inpatient psychiatric stabilization and treatment services to children under 14 years of age who require a secure intensive treatment setting.

(58) “Secure Transportation Services” means the secure transportation or secure escort of children.

(59) “Serious bodily injury” means any significant impairment of the physical condition of an individual, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.

(60) "Service plan" means an individualized plan of services to be provided to each child in care based on their identified needs and designed to help them reach mutually agreed upon goals. The service plan must address, at a minimum, the child in care's physical and medical needs, behavior management issues, mental health treatment methods, education plans, and any other special needs.

(61) "Shelter" means a facility operated by a child-caring agency that provides services to homeless or runaway youth or young people transitioning to adulthood.

(62) "Sole supervision" means being alone with a child in care or being temporarily the only staff in charge of a child in care or subgroup of children in care.

(63) "Special needs" mean a trait or disability of a child that requires special care or attention of the child or that historically has made placement of a child with similar characteristics or disability difficult.

(64) "Staff" means employees of the child-caring agency who are responsible for providing care, services, or treatment to a child in care.

(65) "Stationary outdoor youth program" means an outdoor youth program which remains in a stationary location that houses children in care.

(66) “Supine restraint” means a restraint in which a child in care is held face up on the floor.

(67) "Therapeutic boarding school" means an organization or a program in an organization that:

(a) Is primarily a school and not a residential care agency;

(b) Provides educational services and care to children for 24 hours a day; and

(c) Holds itself out as serving children with emotional or behavioral problems, providing therapeutic services, or assuring that children receive therapeutic services.

(68) "Transitional living program" means a set of services offered by a child-caring agency that provides supervision and comprehensive services for up to 18 months to assist homeless or runaway youth to make a successful transition to independent and self-sufficient living.

(69) "Wilderness first responder" means a medical training course and certification for outdoor professionals.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 76-2023, amend filed 11/15/2023, effective 11/15/2023
• OTIS 74-2023, temporary amend filed 08/03/2023, effective 09/01/2023 through 02/27/2024
• OTIS 3-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0000, filed 11/28/2022, effective 12/01/2022
• CWP 25-2022, amend filed 10/31/2022, effective 11/01/2022
• CWP 9-2022, temporary amend filed 06/23/2022, effective 06/23/2022 through 12/19/2022
• CWP 7-2022, amend filed 04/27/2022, effective 04/27/2022
• CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022
• CWP 23-2021, temporary amend filed 11/01/2021, effective 11/01/2021 through 02/19/2022
• CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 3-2019, minor correction filed 01/07/2019, effective 01/07/2019
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
• CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
• CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Or. Admin. R. 419-400-0010 Licensing Umbrella Rules: Regulation of Child-Caring Agencies

(1) The Department is required to regulate and license certain organizations and agencies that care for children. The rules in OAR chapter 419, division 400 establish the requirements of the Department for obtaining and maintaining the required license, and the policies of the Department required by ORS 418.205 to 418.327.

(2) These umbrella rules (OAR 419-400-0005 to 419-400-0310) apply to all of the following types of child-caring agencies:

(a) An adoption agency (further regulated by OAR 419-420-0010 to 419-420-0160).

(b) A foster care agency (further regulated by OAR 419-440-0010 to 419-440-0210).

(c) A residential care agency (further regulated by OAR 419-470-0010 to 419-470-0180).

(d) An outdoor youth program (further regulated by 419-460-0010 to 419-460-0260).

(e) A day treatment agency (further regulated by OAR 419-430-0010 to 419-430-0110).

(f) A homeless, runaway, and transitional living shelter (further regulated by OAR 419-450-0010 to 419-450-0120).

(g) An academic boarding school (further regulated by OAR 419-410-0010 to 419-410-0150).

(h) A therapeutic boarding school (further regulated by OAR 419-490-0010 to 419-490-0170).

(i) A private school, agency, or organization providing similar care or services for children as the schools, agencies, or organizations described in subsections (a) to (h) of this section or that otherwise meets the definition of a child-caring agency under ORS 418.205(2)(a).

(j) A secure transportation services provider further regulated by OAR 419-480-0010 to 419-480-0120.

(3) A child-caring agency must comply with all of the Department rules that apply to the child-caring agency.

(4) All child-caring agencies, their governing boards, and executive director, and program director, employees, contractors, and agents shall ensure the following standards, procedures, and protocols are met:

(a) The child-caring agency ensures child and family rights.

(b) The child-caring agency complies with abuse reporting and investigation requirements including, but not limited to, having and following abuse reporting procedures as required in OAR 419-400-0110 and providing training as required in OAR 419-400-0120(1).

(c) The child-caring agency engages in and applies appropriate behavior management techniques.

(d) The child-caring agency provides adequate furnishings and personal items for children.

(e) The child-caring agency provides appropriate food services.

(f) The child-caring agency ensures the safety and well-being of children, including ensuring adequate supervision to meet the needs of each child in care during all times when children are receiving care or services from the agency.

(g) The agency utilizes approved procedures and protocols for use of medications for children receiving care or services from the child-caring agency.

(h) The child-caring agency or the child-caring agency’s employees or agents have not engaged in financial mismanagement.

(i) The child-caring agency fully and timely corrects violations and maintains standards in accordance with any plan of correction imposed by the Department.

(j) The child-caring agency provides access to a child in care or the child-caring agency's premises to the Department or the Department’s employees, investigators, court appointed special advocates, attorneys for a child in care, the parent or legal guardian of the child in care if the child in care has not been committed to the custody of the Department or the Oregon Youth Authority, or other authorized persons or entities as required under ORS 418.305 and OAR 419-400-0230 and 419-400-0240.

(k) The child-caring agency permits the Department to inspect agency records including, but not limited to, financial records, treatment records, services delivery records, logs, incident reports, case notes, medication records, and medical treatment records.

(l) The child-caring agency is incorporated as required by ORS 418.215 and OAR 419-400-0030.

(m) The child-caring agency is in full compliance with the standards of care and treatment in these rules, OAR chapter 419, division 400.

(5) Department staff responsible for the regulation and oversight of child-caring agencies must review licensing applications, conduct on-site inspections, investigate complaints, and carry out all other duties necessary to ensure the safe operation of child-caring agencies. The Department will measure the time and resources needed to carry out these duties to create a workload model. The workload model will guide the Department when seeking additional resources to meet the Department's regulatory oversight responsibilities under Oregon law.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 2-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0001, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, amend filed 04/27/2022, effective 04/27/2022
• CWP 24-2021, temporary amend filed 11/01/2021, effective 11/01/2021 through 04/23/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0020 Licensing Umbrella Rules: Requirement to Obtain and Comply with License

Except for a licensee subcontractor that provides limited services under OAR 419-400-0120(6)(b):

(1) A child-caring agency must have a license issued by the Department in accordance with OAR chapter 419, division 400. A licensee must at all times comply with the provisions of the license and with all laws and rules applicable to the child-caring agency.

(2) A child-caring agency may not represent itself as able to or purport to provide services governed by the rules in OAR chapter 419, division 400, except the services the child-caring agency is authorized by law and rules and licensed to provide.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.215 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0011, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 4-2019, minor correction filed 01/07/2019, effective 01/07/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0030 Licensing Umbrella Rules: Requirements Related to Corporation Status

(1) Only a corporation, or a county run program, may receive a license from the Department under these rules (OAR 419-400-0005 to 419-400-0310). A limited liability company is an unincorporated association, and not a corporation, and may not be licensed under OAR chapter 419, division 400.

(2) In-state and out-of-state corporations must meet all requirements of the Oregon Secretary of State, Corporation Division in order to receive a license from the Department.

(3) A child-caring agency’s articles of incorporation, its bylaws, or another written document approved by the board of directors must clearly set forth the purposes of the organization.

(4) A licensee must submit to the Department within seven business days each amendment to its articles of incorporation, bylaws, statement of its purposes, and name registration.

(5) A county operated Child Caring Agency is exempt from the requirements relating to corporate status.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 4-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0016, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 5-2019, minor correction filed 01/07/2019, effective 01/07/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0050
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0040 Licensing Umbrella Rules: Governance

(1) Governing board requirements.

(a) A child-caring agency must have a governing board that has responsibility for its mission, operation, policy, finances, and practices. These responsibilities must be stated in writing.

(b) The governing board of a child-caring agency must be a board of directors consisting of no fewer than five responsible individuals of good moral character

(c) A child-caring agency must maintain a list of the members of the governing board that includes the name, address, and telephone number.

(d) Members of the governing board of a child-caring agency that is a nonprofit child-caring agency may not receive compensation for serving on the board, other than reasonable reimbursement for the expenses associated with their services.

(e) Except for a child-caring agency with five or fewer employees:

(A) Employees and family members of employees may not serve as the board chair.

(B) At least 51 percent of board members must be nonrelated to an employee of the child-caring agency.

(2) Responsibilities of the governing board. The governing board of a child-caring agency must have all of the following responsibilities:

(a) To provide leadership for the child-caring agency.

(b) To be responsible for establishing the child-caring agency's by-laws and policies, to monitor the agency's programs consistent with its policies and mission, and to guide program development.

(c) To adopt by-laws that provide a basic structure for the operation of the programs of the child-caring agency.

(d) To develop by-laws for selection and rotation of its members.

(e) To ensure the employment of a qualified executive director and to delegate appropriate responsibility to that individual for the administration, management, and operation of the child-caring agency, including the employment of all child-caring agency staff and the authority to dismiss any staff member.

(f) To formally evaluate the executive director's performance annually and keep a copy of the evaluation signed by the board chair in the executive director's personnel file.

(g) To approve the annual budget of anticipated income and expenditures necessary to provide the services described in its program description.

(h) To review an annual report of actual income and expenditures.

(i) To obtain and review an annual independent financial review or audit of financial records when required by these rules or requested by the Department.

(j) To establish and ensure compliance with personnel practices for the selection and retention of staff sufficient to operate the child-caring agency.

(k) To ensure a written quality improvement program that identifies systematic efforts to improve its services.

(l) To keep permanent records of meetings and deliberations on major decisions affecting the delivery of services.

(3) Executive director requirements. A child-caring agency must operate under the direct supervision of an executive director appointed by the governing board. The executive director must have all of the following qualifications:

(a) Knowledge of the requirements for providing care and treatment appropriate to the child-caring agency's programs.

(b) Ability to maintain records on children in care and families, personnel, and the child-caring agency in accordance with these rules.

(c) Ability to direct the work of staff.

(d) No history of conduct indicating it may be unsafe to allow the individual to supervise the care of children.

(e) Health sufficient to carry out the duties of the position.

(f) Good moral character, including honesty, fairness, and respect for the rights of others.

(g) Approval from the Department's Background Check Unit as required in OAR 407-007-0200 to 407-007-0370.

(4) The executive or program director must be responsible for all of the following:

(a) The daily operation and maintenance of the child-caring agency and its facilities in compliance with the rules in OAR chapter 419, division 400 and the established program budget.

(b) Administration of policies and procedures to ensure clear definition of staff roles and responsibilities, lines of authority, and equitable workloads that ensure safe and protective care, supervision, and treatment of the children served by the child-caring agency.

(c) Ensuring that only individuals whose presence does not jeopardize the health, safety, or welfare of the children in care served by the child-caring agency are employed or used as volunteers.

(d) Recruiting, employing, supervising, training, or arranging for these activities.

(e) Reporting to the governing board on the operation of the child-caring agency.

(f) Providing for appropriate staff to assume the executive or program director's responsibility for the operation and maintenance of the child-caring agency whenever the executive or program director is absent from the child-caring agency.

(g) Terminating from employment any staff member who is unsuitable or who performs in an unsatisfactory manner.

(h) Complying with all laws, and ensuring that all child-caring agency employees, contractors, volunteers and agents comply with all laws, including mandatory child abuse reporting laws.

(i) Ensuring that the child-caring agency, including its employees, contractors, volunteers and agents, complies with all licensing rules and regulations and internal policies and procedures of the child-caring agency.

(5) Suitability. For the Department to evaluate the suitability of a child-caring agency and its staff, the child-caring agency must immediately disclose to the Department all of the following information:

(a) Each instance in which the child-caring agency or a member of its staff or board of directors has lost the right to provide services to children or families in any jurisdiction and the basis for each action.

(b) The circumstances and disposition of any licensing denial, suspension, or revocation; or any other negative sanction or proposed sanction by an oversight body, or loss of private accreditation, against the child-caring agency or a member of its staff or board of directors, if the denial, suspension, or revocation; or any other negative sanction or proposed sanction results from conduct that is relevant to the child-caring agency's, staff's, or board member's ability or fitness to carry out the duties imposed by these rules and governing statutes.

(c) For the previous 10 years, any disciplinary action against or investigation of the child-caring agency or a member of its staff or board of directors by a licensing or accrediting body, including the basis and disposition of each action, if the disciplinary action or investigation results from conduct that is relevant to the agency's or staff's or board member's ability or fitness to carry out the duties imposed by these rules and governing statutes.

(d) Any instance the child-caring agency becomes aware of in which the child-caring agency or a member of its staff or board of directors has been found guilty of any crime under federal, state, or foreign law if the violation results from conduct that is relevant to the agency's, staff's, or board member's ability or fitness to carry out the duties imposed by these rules and governing statutes.

(e) Any civil or administrative violation involving financial irregularities by the agency or a member of its staff or board of directors under federal, state, or foreign law if the violation results from conduct that is relevant to the agency's, staff's, or board member's ability or fitness to carry out the duties imposed by these rules and governing statutes.

(f) For the previous five years, any instance in which the child-caring agency, a member of its board of directors, or its executive or program director has filed for bankruptcy if the bankruptcy is relevant to the agency's or board member's ability to carry out the duties imposed by these rules and governing statutes.

History

• Statutory/Other Authority: ORS 418.005, ORS 418.240, ORS 418.255 & ORS 409.050
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• CWP 26-2022, renumbered from 413-215-0021, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 29-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 09/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0060
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0050 Licensing Umbrella Rules: Financial Management

(1) Budget. A child-caring agency must operate under an annual line-item budget, showing planned expenditures and sources of income, which has been approved by the governing board as the plan for management of its funds, and provide a copy to the Department as required by OAR 419-400-0210 and upon request.

(2) Funding. The annual budget of a licensee must document that the licensee has sufficient funds to meet the requirements of licensure, to operate the programs the licensee is licensed to operate, and to provide the services the licensee has stated the child-caring agency will provide.

(3) Fiscal accountability.

(a) A child-caring agency must maintain complete and accurate accounts, books, and records following generally accepted principles of accounting. A child-caring agency must provide to the Department current internal financial statements, general ledgers, bank statements, and any other financial records as required in OAR 419-400-0210 and upon request.

(b) The Department may conduct an audit, including a forensic audit, of any child-caring agency to determine compliance with applicable laws and administrative rules. An audit under this subsection shall be at the expense of the Department.

(4) A child-caring agency that is a nonprofit corporation must comply with the requirements of ORS 128.610 to 128.769.

(5) Insurance. A child-caring agency must at all times maintain each of the following:

(a) General liability insurance in an amount that is reasonably related to the exposure to risk, but in no case in an amount less than $1,000,000 for each occurrence and $3,000,000 aggregate.

(b) Adequate fire insurance.

(c) Adequate auto insurance if the child-caring agency owns or operates a vehicle.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 22-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0026, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 29-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 09/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0060 Licensing Umbrella Rules: Respect of Children in Care

A child-caring agency must respect the race, spiritual beliefs, sexual orientation, gender identity and gender expression, disabilities, national origin, and cultural identities of a child in care, and provide opportunities to enhance the positive self-concept and understanding of the child in care. The child-caring agency must ensure that written materials are made available in other languages as necessary, or as indicated by the demographic environment or the population served by the program.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• CWP 26-2022, renumbered from 413-215-0031, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0070 Licensing Umbrella Rules: Conflict of Interest

(1) A child-caring agency must have a conflict of interest policy. The policy must:

(a) Describe the purpose and scope of the policy and identify who the policy applies to;

(b) Clearly define terms used in the policy;

(c) Outline the process for disclosing potential conflicts, including who needs to disclose information, when disclosures should be made, and to whom disclosures should be made;

(d) Describe how potential conflicts of interest are identified and how they are evaluated;

(e) Describe the process in which any identified conflict of interest is managed, mitigated, or resolved; and

(2) If circumstances do not permit board approval of the potential conflict, a non-profit child-caring agency may obtain the approval of the Attorney General or the Department prior to entering into the transaction.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• CWP 26-2022, renumbered from 413-215-0036, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 6-2019, minor correction filed 01/07/2019, effective 01/07/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0090 Licensing Umbrella Rules: Children and Families Rights Policy and Grievance Procedures

(1) Rights of children in care and families served by the child-caring agency. A child-caring agency must guarantee the rights of children in care and the families the child-caring agency serves. A child-caring agency must enact and adhere to a policy ensuring the following rights:

(a) Except as provided in paragraph (B) of this subsection, the child in care's right to uncensored and private communication with legal guardians, caseworkers, legal representatives, and other persons approved for communication by the legal guardian or as provided in a court order.

(A) This right cannot be waived, including voluntarily. Restriction on communication between a child in care and their legal guardian may not be a condition of participation in the program.

(B) A child-caring agency may place reasonable limits on communication, but only as provided in the child-caring agency's policy. Reasonable limits include, but are not limited to, having set time periods during the day for visitation and phone calls and imposing moderate limits on the duration of calls or visits. However, a limitation is not considered reasonable if it prevents the ability to meaningfully communicate, such as not allowing contact with a child in care's attorney during regular business hours.

(b) The child in care's right to privacy.

(c) The child in care's right to participate in service planning or educational program planning.

(d) The child in care's right to fair and equitable treatment.

(e) The child in care's right to file a grievance (as provided in section (2) of this rule) if the child in care or family feels that they are treated unfairly or if they are not in agreement with the services provided.

(f) The child in care's right to have adequate and personally exclusive clothing.

(g) The child in care's right to personal belongings.

(h) The child in care's right to an appropriate education.

(i) The child in care's right to participate in recreation and leisure activities.

(j) The child in care's right to have timely access to physical and behavioral health care services.

(2) Grievance Procedures.

(a) A child-caring agency must enact and adhere to written procedures for the children in care and families the child-caring agency serves to submit a grievance. The child-caring agency must provide the procedures to each child in care and family. The procedures must include all of the following:

(A) A process likely to result in a fair and expeditious resolution of a grievance.

(B) A prohibition of reprisal or retaliation against any individual who files a grievance.

(C) A procedure to follow, in the event the grievance is filed against the executive director, that ensures that the executive director does not make the final decision on the grievance.

(D) The name, address, and phone number of:

(i) A Department licensing coordinator; and

(ii) Any other governmental entities with oversight responsibilities.

(b) Grievances and complaints filed with the child-caring agency and all information obtained in their resolution must be maintained for a minimum of two years and provided to the Department upon request.

(3) The child-caring agency must ensure that each parent or legal guardian and child in care acknowledges in writing the receipt of the policy and procedures described in 419-400-0090(1) and (2).

(4) A child-caring agency serving children in care who are also in the care or custody of the Department must:

(a) Post and adhere to the Oregon Foster Children’s Bill of Rights in accordance with the requirements of OAR 413-010-0180 and comply with ORS 418.200 to 418.202; and

(b) Have and adhere to a process for children in care in Department care or custody to make complaints consistent with ORS 418.201(1).

(c) Comply with the Oregon Foster Children's Sibling Bill of Rights in accordance with the requirements of OAR 413-010-0180 and comply with ORS 418.607.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• CWP 26-2022, renumbered from 413-215-0046, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0100 Licensing Umbrella Rules: Resources Required

(1) A child-caring agency must employ or contract for a sufficient number of competent and qualified employees to perform the functions regulated by these rules and to provide adequate care, safety, protection, and supervision of the children in care and families the child-caring agency serves.

(2) The child-caring agency must ensure that an individual who fulfills more than one staff function or position is trained for and meets the requirements for each position.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• CWP 26-2022, renumbered from 413-215-0051, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 8-2019, minor correction filed 01/07/2019, effective 01/07/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0110 Licensing Umbrella Rules: Policies and Procedures

(1) For each program it is licensed to operate, a licensee must have and adhere to comprehensive written policies and procedures that are well organized, accessible, and easy to use.

(2) The policies and procedures must:

(a) Be separated by topic and include a table of contents;

(b) Define the purpose and scope; and

(c) Identify the roles and responsibilities for any staff, contractor, volunteer, or other impacted party.

(3) Each individual policy must include:

(a) The name of the child-caring agency;

(b) A consistent naming or numbering convention that corresponds to the table of contents.

(c) The date the policy was approved. If the policy is revised it must reflect the date the revision was approved.

(d) The name of the individual or group who approved the policy.

(4) Policies reviewed prior to May 1, 2026, do not need to mee the expectations of OAR 419-400-0110(2) or OAR 419-400-0110(3)

(5) In addition to other policies and procedures required by these rules, the policies and procedures in section (1) of this rule must include:

(a) A written policy on mandatory child abuse reporting, consistent with ORS 418.257, 418.258, 419B.005, 419B.010, and 419B.015 that includes requirements that child-caring agency employees, staff, contractors, agents, and proctor foster parents do all of the following:

(A) Immediately report suspected child abuse directly to the Department via the child abuse reporting hotline.

(B) Receive child-caring agency-provided training on mandatory abuse reporting requirements as part of employee orientation and at least annually thereafter as described in OAR 419-400-0120.

(C) Receive child-caring agency-provided training on the definitions of child abuse in ORS 418.257 and 419B.005 that apply in child-caring agencies.

(b) A written policy and procedure on documenting, reporting, and saving information about critical events and other types of incidents that includes, but is not limited to:

(A) What situations, circumstances, or events warrant a written report. This must include critical events (see OAR 419-400-0230(11)(b) and written notice in compliance with OAR419-400-0180 (12)(c)) but may include additional types of incidents or events that the agency tracks internally or is required to provide by other regulatory agencies.

(B) What information will be included in a written report. This must include, but is not limited to, the following:

(i) Description of the incident including, but not limited to, any injury, accident, or unusual incident. If the incident involves a hold or restraint, whether the child in care was injured or reported pain or injury.

(ii) Whether the report meets the definition of a critical event (see OAR 419-400-0230(11)(b)).

(iii) Description of the actions the child-caring agency took in response to the incident.

(iv) Any children in care involved.

(C) Whether and how a report will be shared. Critical events must be shared with the child-caring agency's assigned licensing coordinator (see OAR 419-400-0230(11)(b)).

(D) How a report will be saved. This must include, but is not limited to, ensuring the report is placed in the individual child in care's record if applicable.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 21-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0056, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0120 Licensing Umbrella Rules: Personnel

(1) Staff requirements and hiring. To ensure that the child-caring agency uses only staff and volunteers who do not jeopardize the health, safety, or welfare of children, a child-caring agency and its contractors must meet all of the following requirements:

(a) Comply with the Department's background check rules at OAR 407-007-0200 to 407-007-0370.

(b) Obtain reference checks.

(c) Employ individuals who meet the staff minimum qualifications as stated in the current job description.

(2) Personnel policies of the child-caring agency and its contractors must include all of the following:

(a) For each staff position, a job title and a written job description that defines the qualifications, duties, and lines of authority for the position.

(b) A staff development plan providing for opportunities for professional growth through supervision, training, and experience.

(c) Procedures for a written annual evaluation of the work and performance of each staff member that include provision for employee participation in the evaluation process.

(d) A description of the separation of employment procedures established for resignation, retirement, and dismissal.

(e) A written grievance procedure for staff. The procedure must include all of the following:

(A) A process likely to result in a fair and expeditious resolution of a grievance.

(B) A prohibition of reprisal or retaliation against any individual who files a grievance.

(C) A procedure to follow, in the event the grievance is filed against the executive director, that ensures that the executive director does not make the final decision on the grievance.

(3) Personnel Files. The child-caring agency and its contractors must have a personnel file for each employee that is maintained for a minimum of two years after the termination date of each employee and includes all of the following:

(a) A record of education, training, and previous employment.

(b) Documentation of reference checks.

(c) Documentation that a background check was completed as required in OAR 407-007-0200 to 407-007-0370.

(d) Annual performance evaluations.

(e) Ongoing record of training received.

(f) Records of personnel actions.

(g) Starting and termination dates, and reason for termination.

(h) A current job description.

(4) Staff orientation. A child-caring agency must provide training to each newly hired employee within 30 days of employment. This training must be documented in the staff’s personnel record and include all of the following subjects:

(a) Child-caring agency policies and procedures.

(b) Ethical and professional guidelines of the agency, including, but not limited to, professional boundaries.

(c) Suicide prevention and intervention.

(d) Description of who the child-caring agency serves.

(e) Privacy laws

(f) Emergency procedures.

(5) Child abuse reporting training: A child-caring agency must provide training and written materials on mandatory child abuse reporting responsibilities to all employees and, if applicable, proctor foster parents as part of initial orientation and annually thereafter. The training must include written instruction on the following:

(a) The definitions of child abuse in ORS 418.257 and 419B.005 that apply in child-caring agencies;

(b) The legal responsibility to immediately report suspected child abuse or neglect by calling the appropriate child abuse reporting hotline; and

(c) The legal responsibility to report child abuse is personal to the employee and, if applicable, the approved proctor foster parent, and is not fulfilled by reporting the child abuse or neglect to the owner, operator, or any other employee of the child-caring agency even if the owner, operator, or other employee reports the child abuse to the Department.

(6) Contractor-related requirements.

(a) If a child-caring agency contracts with other private providers or individuals for the provision of program services in lieu of or in addition to hiring permanent employees, the child-caring agency must ensure that the contractor meets the applicable requirements of this rule and the rules in OAR chapter 419, division 400 specific to the type of service the contractor provides. This includes ensuring the contractor receives the same trainings required by the rules in OAR chapter 419, division 400, as an employee who would perform the same role.

(b) If the child-caring agency contracts to provide any of its services the child-caring agency must ensure the contractor has a process to screen its employees for professional conduct and sufficient methods for holding its employees accountable.

(c) The contract between the child-caring agency and contractor must specify all of the following:

(A) The services the contractor provides.

(B) The contractor's fees.

(C) Disclosure of information from the contractor to the agency.

(D) Lines of authority between the contractor and the child-caring agency and among employees of the contractor in connection with the provision of services.

(E) Adherence to applicable Department rules and requirements, including, but not limited to the background check rules in OAR 407-007-0200 to 407-007-0370.

(F) Any liability of the child-caring agency for acts of the contractor, any rights of indemnity, and any limitations on liability of the child-caring agency or contractor.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 20-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0061, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0070
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0130 Licensing Umbrella Rules: Privacy

(1) A child-caring agency must have and adhere to a written policy that addresses protection of the privacy of children and families the child-caring agency serves or has served.

(2) Except as provided in section (4) of this rule, a child-caring agency may not disclose any identifying information of a child in care , including a picture, audio, or video recording, without first obtaining the written consent from the child's parents or legal guardians.

(3) A child-caring agency must ensure the privacy of all information that identifies a child in care or family the child-caring agency serves. A child-caring agency may not disclose such information without proper written consent or as otherwise allowed by law.

(4) A person making a report of abuse as required in ORS 418.258 and 419B.010 may include references to otherwise confidential information for the sole purpose of making the report.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327 & 418.526
• OTIS 128-2023, amend filed 12/20/2023, effective 01/01/2024
• CWP 26-2022, renumbered from 413-215-0066, filed 11/28/2022, effective 12/01/2022
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0140 Licensing Umbrella Rules: Records and Documentation

With respect to the records on children in care and families a child-caring agency serves and to other records maintained by a child-caring agency, the child-caring agency must meet all of the following requirements:

(1) The child-caring agency must accurately prepare and safely store its records, including any audio recordings, video recordings, and photographs and ensure the records are readily available for inspection by the Department.

(2) All written or electronic entries in records required by the rules in OAR chapter 419, division 400 must be permanent, legible, dated, and signed by the person making the entry.

(3) Records must be uniform in organization, readily identifiable and accessible, current and complete, and contain all of the information required of the child-caring agency by the rules in OAR chapter 419, division 400.

(4) Records must be corrected, when necessary, by the use of a single line drawn through the incorrect information, the addition of the correct information, a notation of the date the correction is made, and the initials of the person making the correction. No "white out," eraser tape, or other means of eradicating information may be used to make a change to a record.

(5) Child specific records must be kept for a minimum of seven years from when the child has left the program.

(6) Fiscal records must be kept that are accurately prepared and properly reflect all direct and indirect revenues and expenditures for the operation and maintenance of the child-caring agency.

(7) The child-caring agency must maintain a permanent registry of each child in care the child-caring agency serves. The registry must include the child in care's name and birth date; the names and addresses of their parent or guardian; the date of admission; and the placement upon discharge.

(8) If a child-caring agency changes ownership or executive or program director, all records of the children in care and families served by the child-caring agency must remain in a facility operated by the child-caring agency.

(9) Prior to the dissolution of a child-caring agency, the executive or program director must inform, in writing, a Department licensing coordinator of the location and storage of records regarding current or prior children in care.

History

• Statutory/Other Authority: ORS 418.240, ORS 418.005, ORS 409.050 & 418.526
• Statutes/Other Implemented: ORS 418.205 - 418.327 & 418.526
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 128-2023, amend filed 12/20/2023, effective 01/01/2024
• OTIS 19-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0071, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 9-2019, minor correction filed 01/07/2019, effective 01/07/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0140
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0145 Licensing Umbrella Rules: Installation and Use of Video Equipment Used to Monitor or Record Children in Care

(1) If a child-caring agency installs video equipment to monitor or record a child in care, all employees, volunteers, parents or guardians, and children in care must be informed about the intended use and locations of the equipment.

(2) If a child-caring agency installs video equipment to monitor or record a child in care, the child-caring agency must have policies and procedures regarding the use, access, and storage of the video live monitoring or recordings. The policies and procedures must meet the requirements of OAR 419-400-0180(12)(b) and include, but are not limited to, the following:

(a) How privacy is ensured and meets the requirements of OAR 419-400-0130;

(b) Who may view the live monitoring;

(c) Who may view the recordings;

(d) When the recording is to be considered part of a specific child in care’s record and how it will be maintained with the rest of the child in care’s record;

(e) How long the recording will be maintained by the child-caring agency;

(f) When the live monitoring or recording may be viewed and for what purpose;

(g) Where the live monitoring or recording may be viewed;

(h) How the live monitoring or recording may be accessed; and

(i) How staff will be trained on the use of the video equipment used to monitor or record a child in care.

(3) Use of video equipment used to monitor or record a child in care is prohibited in areas where an individual has a reasonable expectation of privacy such as bathrooms, bedrooms, or changing rooms.

(4) Any recordings made from video equipment must be made secure to only allow access by authorized staff as identified by the child-caring agency or as required by rule in OAR Chapter 419, Division 400.

(5) Use of video equipment used to monitor or record a child in care must follow all applicable federal and state laws.

History

• Statutory/Other Authority: ORS 418.240, ORS 418.005, ORS 409.050 & ORS 418.526
• Statutes/Other Implemented: ORS 418.526
• OTIS 128-2023, adopt filed 12/20/2023, effective 01/01/2024

Or. Admin. R. 419-400-0150 Licensing Umbrella Rules: Discipline, Behavior Management & Training, and Suicide Prevention (Excluding Adoption Agencies)

(1) A child-caring agency, except a child-caring agency licensed only to provide adoption services under OAR 419-420-0010 to 419-420-0160, must adopt and adhere to written policies and procedures on behavior management and suicide prevention that meet all of the requirements of this rule.

(a) Copies of the policies and procedures must be provided to the Department as provided in OAR 419-400-0210 and any time policies are adopted or amended.

(b) The behavior management policy and procedures must prohibit the following:

(A) Spanking, hitting, striking or willful infliction of pain.

(B) Conduct that a reasonable person would view as humiliating, ridiculing, degrading, or undermining the self-respect of a child in care.

(C) Punishing a child in care in the presence of a group or punishment of a group for the behavior of one child in care.

(D) Depriving a child in care of food, clothing, shelter, bedding, rest, sleep, toilet access, or parental contact.

(E) Assigning extremely strenuous exercise or work or requiring a child in care to spend prolonged time in one position likely to produce unreasonable discomfort.

(F) Using restraint or involuntary seclusion as discipline.

(G) Permitting or directing a child in care to punish another child in care.

(H) Using any other kind of harsh punishment.

(I) Denying a parent, guardian, or sibling the right to visit or communicate with a child in care as a disciplinary measure against the child in care.

(J) Aversive conditions, which includes, but is not limited to, any technique designed to or likely to cause a child physical pain, the application of startling stimuli, and the release of noxious stimuli or toxic sprays, mists, or substances in proximity to the child in care.

(K) Removing or limiting the use of a mobility aid or other assistive device for the purpose of controlling a child in care’s behavior.

(2) Behavior Management.

(a) The behavior management policy of the child-caring agency must identify appropriate and positive methods of behavior management based on a child's needs, developmental level, and behavior.

(b) A child-caring agency must incorporate into the program’s care-giving practices positive nonpunitive ways of helping a child in care build positive personal relationships, self-control, and self-esteem.

(c) The policies must include a description of the model, program, or techniques used and its use of each of the following:

(A) De-escalation System. For purposes of this rule, "De-escalation System" means a nationally recognized, holistic system for defusing escalating behavior and safely managing aggressive behavior. The agency's choice of a "De-escalation System" must be conveyed to and approved by the Department.

(B) Use of time out, if applicable.

(C) Use of restraints, if applicable.

(i) Chemical restraint, meaning the administration of medication for the management of uncontrolled behavior, is prohibited. Chemical restraint is different from the use of medication for treatment of symptoms of severe emotional disturbances or disorders.

(ii) Mechanical restraint, meaning the use of any physical device to involuntarily restrain the movement of a child in care as a means of controlling their physical activities, is prohibited.

(D) Use of involuntary seclusion, if applicable.

(d) Time out.

(A) For the purpose of this rule, "time out" means restricting a child in care to a designated area for a period of time to give the child in care an opportunity to regain self-control.

(B) "Time out" must include frequent contact with staff.

(C) Rooms used for "time out" must have adequate space, temperature, light, and ventilation, and must not be capable of locking.

(D) "Time out" episodes must be documented in the child in care's record.

(e) Review. The policies of the child-caring agency must require that whenever a restraint is used on a child in care more than two times in seven days, there is a review by the executive director, the director's designee, or a management team to determine the suitability of the program for the child in care, whether modifications to the child in care's plan are warranted, and whether staff need additional training in alternative therapeutic behavior management techniques. The child-caring agency must take appropriate action indicated by the review.

(3) Suicide Prevention. The policy must include the following:

(a) How the child-caring agency will respond in the event a child in care exhibits self-injurious, self-harm, or suicidal behavior;

(b) Warning signs of suicide;

(c) Emergency protocol and contacts;

(d) Training requirements for staff, including suicide prevention training and suicide risk assessment tool training;

(e) Procedures for determining implementation of additional supervision precautions and for determining removal of additional supervision precautions;

(f) Suicide risk assessment procedures on the day of intake;

(g) Documentation requirements for suicide ideation, self-harm, and special observation precautions to ensure immediate communication to all staff;

(h) A process for tracking suicide behavioral patterns; and

(i) A "post-intervention" plan with identified resources.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205- 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 18-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0073, filed 11/28/2022, effective 12/01/2022
• CWP 13-2022, adopt filed 06/23/2022, effective 07/01/2022

Or. Admin. R. 419-400-0160 Licensing Umbrella Rules: Crisis Intervention Training Standards and Certification Requirements

(1) Only child-caring agency staff and proctor foster parents who have been trained and are certified in the use of a crisis-intervention system approved by the Department consistent with OAR 419-400-0160 thru OAR 419-400-0180 may use restraint or involuntary seclusion and only when necessary as a last resort to prevent a child in care from inflicting harm to self or others.

(2) Any use of restraint or involuntary seclusion must be conducted within the parameters of the approved crisis-intervention system in which the child-caring agency staff or proctor foster parent is trained and must meet the requirements and provisions described in OAR 419-400-0160 thru OAR 419-400-0180.

(3) Any child-caring agency staff or proctor foster parent utilizing restraint or involuntary seclusion must be trained on the type of restraint or involuntary seclusion used, and the restraint or involuntary seclusion must be within the parameters of the approved crisis intervention system in which the staff or proctor foster parent is trained and must be consistent with OAR 419-400-0180.

(4) Certification requirements. In addition to the requirements identified in 419-400-0160(2) any child-caring agency staff or proctor foster parent utilizing restraint or involuntary seclusion must:

(a) Complete a minimum of 12 hours of initial training in person from an instructor certified as described in OAR 419-400-0170(4), including but not limited to a minimum of six hours of training focused on positive behavior support, nonviolent crisis intervention and other methods of nonphysical intervention to support children in care during a crisis;

(b) Receive continuing education from a certified instructor as described in OAR 419-400-0170(4) on an annual basis;

(c) Demonstrate a mastery of the crisis intervention system both in writing and by physical competency before receiving a certification;

(d) Receive a certificate that states:

(A) The dates during which the certification is current;

(B) The type of restraint which the individual is certified to perform if applicable;

(C) The type of training the individual is certified to conduct if applicable;

(D) Any special endorsements earned by the individual;

(E) The level of training; and

(F) The name of the certified instructor who conducted the training and administered the assessment of proficiency.

(e) A certification issued under 419-400-0160:

(A) Must be personal to the individual certified by the training provider;

(B) May be valid for no more than two years with recertification; and

(C) Must require additional training to renew the certification.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205- 418.327
• OTIS 17-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0074, filed 11/28/2022, effective 12/01/2022
• CWP 13-2022, adopt filed 06/23/2022, effective 07/01/2022

Or. Admin. R. 419-400-0170 Licensing Umbrella Rules: Standards For Approved Crisis Intervention Systems

(1) The Department will designate no fewer than two but no more than three providers of crisis intervention training systems consistent with requirements outlined in OAR 419-400-0160 and 419-400-0180.

(2) Approved training systems must meet the following requirements:

(a) Be compliant with all applicable federal and state regulations;

(b) Include training on crisis de-escalation;

(c) Require the teaching of techniques for nonviolent crisis intervention that do not require restraining;

(d) Offer certification in skills training that do not include the use of restraint;

(e) Be portable between different child-caring agencies ;

(f) Have a process by which instructors of the training system are certified;

(g) Ensure fidelity of the training system through the publication of consistent training materials and resources for certified instructors and certified participants;

(h) Provide regular, ongoing support to certified instructors, including quality control, monitoring of outcomes and provision of information regarding networks for professional collaboration and support; and

(i) Inform the Department of any edits to the curriculum and review to ensure curriculum continues to be in compliance with all applicable federal and state law.

(3) The training curriculum for the Department’s approved crisis intervention system must:

(a) Be trauma informed;

(b) Ensure any physical intervention skills taught are trauma informed and take into consideration the age and be developmentally appropriate for the child in care ;

(c) Prioritize the reduction or elimination of the use of restraint and involuntary seclusion;

(d) Teach techniques for de-escalation that do not require any form of restraint or involuntary seclusion; and

(e) Include training to identify the physical, psychological, and emotional risks for children and staff related to the use of restraint and involuntary seclusion.

(4) Only instructors who meet the certification requirements to provide training on a Department approved crisis intervention system, and who are currently certified, may provide training to staff or volunteers of a child-caring agency.

(5) Each approved crisis intervention system must require any certified instructor of the system to:

(a) Complete a minimum of 26 hours of in person initial education with a focus on de-escalation and methods consistent with OAR 419-400-0180;

(b) Complete a minimum of 12 hours of continuing education every two years;

(c) Be recertified at least once every two years; and

(d) Demonstrate written and physical competency before receiving certification or recertification.

(6) The Department will review all approved crisis intervention systems at least once every five years to ensure compliance with OAR 419-400-0170.

(7) The Department may revoke its approval of a crisis intervention system if it is found to not be incompliance with federal and state regulations.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 16-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0075, filed 11/28/2022, effective 12/01/2022
• CWP 13-2022, adopt filed 06/23/2022, effective 07/01/2022

Or. Admin. R. 419-400-0180 Licensing Umbrella Rules: Restraints and Involuntary Seclusion

(1) A child-caring agency may only place child in care in a restraint or involuntary seclusion if the child in care’s behavior poses a reasonable risk of imminent serious bodily injury to the child in care or others and less restrictive interventions would not effectively reduce the risk.

(2) A child-caring agency may not place a child in care in a restraint or involuntary seclusion as a form of discipline, punishment, or retaliation or for the convenience of staff, contractors or volunteers of the child-caring agency.

(3) If the child-caring agency utilizes restraints or involuntary seclusion as part of its practices, its use of restraints and involuntary seclusion must be in compliance with all applicable federal and state laws, regulations and rules.

(4) A child in care placed in a restraint or involuntary seclusion must be continuously monitored by staff of the child-caring agency for the duration of the restraint or involuntary seclusion.

(5) Any restraint or involuntary seclusion used on a child in care must be performed in a manner that is safe, proportionate and appropriate, taking into consideration the child in care’s chronological and developmental age, size, gender identity, physical, medical and psychiatric condition and personal history, including any history of physical or sexual abuse.

(6) The removal or limitation of the use of a mobility aid or other assistive device in a restraint is prohibited unless there is a risk of imminent serious bodily injury and less restrictive interventions would not effectively reduce the risk.

(7) Removing or limiting the use of a mobility aid or other assistive device for the purpose of controlling a child in care’s behavior is prohibited and

(8) If any restraint or involuntary seclusion lasts for more than 10 minutes, the child-caring must provide adequate access to the bathroom and water at least every thirty minutes to the child in care.

(9) For any restraint or involuntary seclusion lasting more than 10 minutes a supervisor, trained in the non-violent crisis intervention system used by the child-caring agency must provide written authorization for the continuation of the restraint or involuntary seclusion every five minutes.

(a) If the supervisor is not on-site at the time the restraint is used, the supervisor may provide the written authorization electronically.

(b) The written authorization must document why the restraint or involuntary seclusion continues to be the least restrictive intervention to reduce the risk of imminent serious bodily injury in the given circumstances.

(10) Restraint.

(a) The following types of restraint of a child in care are prohibited:

(A) Chemical restraint.

(B) Mechanical restraint.

(C) Prone restraint.

(D) Supine restraint, except:

(i) Supine restraint may be used only when the child in care is currently admitted to a secure children’s inpatient treatment program or secure adolescent inpatient treatment program and:

(ii) The restraint is authorized by an order written at the time of and specifically for the current situation by a licensed medical practitioner as defined by OAR 309-022-0105(54) or a licensed children’s emergency safety intervention specialist as defined by OAR 309-022-0105(14);

(iii) The restraint is used only as long as needed to prevent serious physical injury, as defined in ORS 161.015, and while no other intervention or form of restraint is possible;

(iv) A licensed medical practitioner, children’s emergency safety intervention specialist or qualified mental health professional, who is certified in the use of the type of restraint used, continuously monitors the use of the restraint and the physical and psychological well-being of the child in care at all times while the restraint is being used;

(v) Each individual placing the child in care in the restraint is trained, as required by the Department of Human Services by rule, in the use of the type of restraint used and the individual’s training is current;

(vi) One or more individuals with current cardiopulmonary resuscitation training are present for the duration of the restraint;

(vii) The child caring agency has written policies that require a licensed children’s emergency safety intervention specialist or other licensed practitioner to evaluate and document the physical, psychological and emotional well-being of the child in care immediately following the use of the restraint.

(E) Any restraint that includes the intentional and nonincidental use of a solid object, including the ground, a wall or the floor, to impede a child in care’s movement, except:

(i) This type of restraint may be used if the restraint is necessary to gain control of a weapon or;

(ii) The child in care is currently admitted to a secure children’s inpatient treatment program or secure adolescent inpatient treatment program and complies with OAR 419-400-0180 (10)(a)(D) (i through vii).

(I) The restraint is authorized by an order written at the time of and specifically for the current situation by a licensed medical practitioner or a licensed children’s emergency safety intervention specialist;

(II) The restraint is used only as long as needed to prevent serious physical injury, as defined in ORS 161.015, and while no other intervention or form of restraint is possible;

(III) A licensed medical practitioner, children’s emergency safety intervention specialist or qualified mental health professional, who is certified in the use of the type of restraint used, continuously monitors the use of the restraint and the physical and psychological well-being of the child in care at all times while the restraint is being used;

(IV) Each individual placing the child in care in the restraint is trained, as required by the Department of Human Services by rule, in the use of the type of restraint used and the individual’s training is current;

(V) One or more individuals with current cardiopulmonary resuscitation training are present for the duration of the restraint;

(VI) The child caring agency has written policies that require a licensed children’s emergency safety intervention specialist or other licensed practitioner to evaluate and document the physical, psychological and emotional well-being of the child in care immediately following the use of the restraint;

(F) Any restraint that places or creates a risk of placing pressure on a child in care’s neck or throat.

(G) Any restraint that places or creates a risk of placing, pressure on a child in care’s mouth. This type of restraint may be used if the restraint is necessary for the purpose of extracting a body part from a bite.

(H) Any restraint that impedes, or creates a risk of impeding, a child in care’s breathing.

(I) Any restraint that involves the intentional placement of any object or a hand, knee, foot or elbow on a child in care’s neck, throat, genitals or other intimate parts.

(J) Any restraint that causes pressure to be placed or creates a risk of causing pressure to be placed, on a child in care’s stomach, chest, joints, throat or back by a knee, foot or elbow.

(K) Any other action, of which the primary purpose is to inflict pain.

(b) Permissible use of restraint. A restraint may be used on a child in care in the following situations:

(A) Holding a child in care’s hand or arm to escort the child in care safely and without the use of force from one area to another;

(B) Assisting the child in care to complete a task if the child in care does not resist the physical contact; or

(C) Using a physical intervention if:

(i) The intervention is necessary to break up a physical fight or to effectively protect a person from an assault, serious bodily injury or sexual contact;

(ii) The intervention uses the least amount of physical force and contact possible: and

(iii) The intervention is not a prohibited restraint identified in OAR 419-400-0180(10)(a).

(c) Only child-caring agency staff and proctor foster parents who have been trained in a nationally recognized nonviolent crisis-intervention system may use restraint and only when necessary as a last resort to prevent a child in care from inflicting harm to self or others. The restraint must be conducted within the parameters of the nationally recognized system in which the staff or proctor foster parent is trained.

(d) Any use of restraint by a staff member or proctor foster parent of the child-caring agency, if the member is not trained in a nationally recognized nonviolent crisis intervention system, must also be reported to a Department licensing coordinator within one business day of occurrence.

(e) Limitations. The child-caring agency must have a policy that prohibits the application of a nonviolent restraint to a child in care who has a documented physical condition that would contraindicate the use of that particular restraint, unless a qualified medical professional has previously and specifically authorized its use in writing for the child in care. Documentation of the authorization must be maintained in the child of care’s record.

(11) Involuntary Seclusion.

(a) Rooms used for seclusion must have adequate space, temperature, light, and ventilation.

(b) Episodes of involuntary seclusion are limited to two hours for children in care age nine and older and one hour for children in care under the age of nine.

(c) If incidents of involuntary seclusion used with an individual child in care cumulatively exceed five hours in five days, or a single episode of more than two hours for children in care age nine and older or more than one hour for children in care under age nine, the executive director or designee must review the case with those with clinical leadership responsibilities to evaluate the child in care's plan of care and make necessary adjustments.

(12) Records

(a) A program shall maintain a record of each incident in which a reportable injury arises from the use of a restraint or involuntary seclusion. The record must include any photographs, audio recording or video recording immediately preceding, during and following the incident. The record may not be destroyed, edited, concealed, or altered in any way.

(b) For each record created as required by OAR 419-400-0180(12)(a), the program shall immediately provide written notification of the incident and true copies of the record to the department.

(c) If a program places a child in care in involuntary seclusion or arestraint, except as described in OAR 419-400-0180(10)(b)(A) or 419-400-0180(10)(b)(B), the program shall provide the child in care’s case manager, attorney, court appointed special advocate and parent or guardian with:

(A) Verbal or electronic notice that the restraint or involuntary seclusion was used as soon as practicable following the incident but not later than the end of the next business day; and

(B) Written notice in compliance with OAR 419-400-0180(12)(d) that the restraint or involuntary seclusion was used as soon as practicable following the incident but not later than the end of the next business day.

(d) The written notice must include:

(A) A description of the restraint or involuntary seclusion, the date of the restraint or involuntary seclusion, the times when the restraint or involuntary seclusion began and ended and the location of the restraint or involuntary seclusion;

(B) A description of the child in care’s activity that necessitated the use of restraint or involuntary seclusion;

(C) The efforts the program used to de-escalate the situation and the alternatives to restraint or involuntary seclusion the program attempted before placing the child in care in the restraint or involuntary seclusion;

(D) The names of each of individual who placed the child in care in the restraint or involuntary seclusion or who monitored or approved the placement of the child in care in the restraint or involuntary seclusion;

(i) For each individual identified whether the individual was trained, as required by the Oregon Department of Human Services by rule, in the use of the type of restraint or involuntary seclusion used, the date of the individual’s most recent training and a description of the types of restraint the individual is trained to use, if any.

(ii) If an individual identified was not trained in the type of restraint or involuntary seclusion used, or if the individual’s training was not current, a description of the individual’s training deficiency and the reason an individual without the proper training was involved in the restraint or involuntary seclusion.

(E) If the child in care suffered a reportable injury arising from being placed in involuntary seclusion or a restraint, a description of any photographs, audio or video recordings related to the incident that are maintained by the program as required by OAR 419-400-0180(12)(a).

(e) If an incident requires notice under 419-400-0180(12)(c), not later than two business days following the date of the restraint or involuntary seclusion, the program shall hold a debriefing meeting with each individual who was involved in the incident and with any other appropriate program staff, shall take written notes of the debriefing meeting and shall provide copies of the written notes to the child in care’s case manager, attorney, court appointed special advocate and parents or guardians.

(f) If serious bodily injury or the death of staff occurs in connection to the use of the restraint or involuntary seclusion, the program shall provide the department with written notification of the incident not later than 24 hours following the incident.

(13) Reporting Requirements

(a) A child caring agency must submit a report to the Department on a quarterly basis that includes at a minimum:

(A) The total number of incidents involving restraint.

(B) The total number of incidents involving involuntary seclusion.

(C) The total number of involuntary seclusions in a locked room.

(D) The total number of rooms available for use by the program for involuntary seclusion and a description of the dimensions and design of the rooms.

(E) The total number of children in care placed in restraint.

(F) The total number of children in care placed in involuntary seclusion.

(G) The total number of children who experienced both restraint and involuntary seclusion.

(H) The total number of incidents under paragraph (A) or (B) of this subsection that resulted in reportable injuries.

(I) The number of children in care who were placed in restraint or involuntary seclusion more than three times during the preceding three-month period and a description of the steps the program has taken to decrease the use of restraint and involuntary seclusion.

(J) The number of incidents in which an individual who placed a child in care in a restraint or involuntary seclusion was not trained, as required by the department by rule, in the use of the type of restraint or involuntary seclusion used.

(K) The demographic characteristics of the children in care who the program placed in a restraint or involuntary seclusion, including race, ethnicity, gender, disability status, migrant status, English proficiency and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual child in care.

(L) The total number of children in care served by the program during the reporting period, including race, ethnicity, gender, disability status, English proficiency and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual child in care.

(b) If a child caring agency provides services in more than one location, the reports required under subsection 419-400-0180(13)(a) must separate the data for each location that serves five or more children in care.

(c) If a child caring agency provides services to four or fewer children in care at a location, the location specific data must include a notation indicating the aggregate number of children in care served by the child caring agency across all of its locations and the reporting requirements continue to apply to any of the child care agency’s other locations serving five or more children in care.

(d) Each child caring agency that submits a report under this section shall make its quarterly report available to the public upon request at the Child Caring Agency’s main office and on the child caring agency’s website if applicable.

(e) Each child caring agency shall provide notice regarding how to access the quarterly reports to the parents or guardians of children in care in the program. The child caring agency shall provide the notice upon the child in care’s admission and at least two times each year thereafter.

(14) The reporting requirements described in OAR 419-400-0180 (13) do not apply to a program that is licensed as an Adoption Agency (as defined by OAR 419-400-0005(2)) and does not provide care or services to children other than those described in the definition.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240, ORS 418.005 & 418.526
• Statutes/Other Implemented: ORS 418.205 - 418.327, ORS 418.521, ORS 418.528, 418.526 & 418.519
• OTIS 128-2023, amend filed 12/20/2023, effective 01/01/2024
• OTIS 76-2023, amend filed 11/15/2023, effective 11/15/2023
• OTIS 75-2023, minor correction filed 09/06/2023, effective 09/06/2023
• OTIS 74-2023, temporary amend filed 08/03/2023, effective 09/01/2023 through 02/27/2024
• OTIS 15-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0077, filed 11/28/2022, effective 12/01/2022
• CWP 13-2022, amend filed 06/23/2022, effective 07/01/2022
• CWP 2-2022, adopt filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary adopt filed 08/24/2021, effective 09/01/2021 through 02/19/2022

Or. Admin. R. 419-400-0190 Licensing Umbrella Rules: Information Provided to Children in Care

(1) Each child in care receiving services from a child-caring agency must be given the following:

(a) Instruction regarding how a child in care may report suspected inappropriate use of restraint or involuntary seclusion;

(b) Assurance that the child in care will not experience retaliation for reporting suspected inappropriate uses of restraint or involuntary seclusion and;

(c) The telephone number for the toll-free child abuse hotline described in ORS 417.805 and the telephone numbers and electronic mail addresses for the program’s licensing agency, the child in care’s caseworker and attorney, the child in care’s court appointed special advocate and Disability Rights Oregon.

(2) The information must be provided by:

(a) The Oregon Department of Human Services if the department placed the child in care in the child-caring agency;

(b) The Oregon Youth Authority if the child in care has been committed to the custody of the authority; or

(c) The child-caring agency for all other children in care.

History

• Statutory/Other Authority: ORS 409.050 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• CWP 26-2022, renumbered from 413-215-0078, filed 11/28/2022, effective 12/01/2022
• CWP 2-2022, adopt filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary adopt filed 08/24/2021, effective 09/01/2021 through 02/19/2022

Or. Admin. R. 419-400-0200 Licensing Umbrella Rules: Safety

To ensure the safety of children in care and employees, a child-caring agency must have and adhere to written policies and procedures that comply with the safety requirements in this rule.

(1) Transportation. If a child-caring agency transports children in care in a vehicle, the agency must have policies and procedures that address all of the following:

(a) Driver requirements.

(A) Each employee transporting a child in care in a motor vehicle must have a current driver license on record with the child-caring agency and must comply with applicable traffic laws when transporting children in care.

(B) The child-caring agency may use an employee to provide transportation for children in care only if the employee is covered by an insurance policy in full force and effect, and in compliance with the standards set by the child-caring agency.

(C) The child-caring agency must ensure that employees providing transportation are trained in emergency procedures, including behavior management if applicable, while in a vehicle.

(D) The child-caring agency must ensure that each person who transports a child in care in a van for 15 or more passengers receives training in the safe operation of that type of vehicle prior to transporting children.

(E) The child-caring agency must take reasonable steps to ensure safety when using off-road vehicles.

(b) Vehicle requirements.

(A) Each vehicle used to transport a child in care must be:

(i) Properly registered;

(ii) Covered by an insurance policy in full force and effect;

(iii) Maintained in safe operating condition; and

(iv) Smoke-free.

(B) Each vehicle owned by a child-caring agency and used to transport a child in care must have aboard a first aid kit and a fully charged, properly secured, and working fire extinguisher with a rating of at least 2-A:10-BC.

(c) Children in care and adults must ride in a vehicle manufactured seat, properly using the passenger restraint device in accordance with Oregon law when traveling on public roads.

(2) Searches. If a child-caring agency carries out searches on children in care or visitors, the child-caring agency must have written policies and procedures that, at a minimum, comply with all of the following:

(a) A prohibition on strip searches.

(b) A prohibition on body cavity searches.

(c) Requirement that searches will be conducted in the least intrusive manner possible for the type of search being conducted.

(d) Requirement that pat down searches of children in care will only be conducted when necessary to discourage the introduction of contraband, or to promote the safety of staff and other children in care and will only be conducted as follows:

(A) By staff trained in proper search techniques;

(B) By a staff member of the same gender as the child in care being searched, and in the presence of another staff member. If a staff member of the same gender is not available, or if the child in care expresses discomfort with a staff of the same gender, the child caring agency must take into consideration the preferences and comfort of the child in care;

(C) The child in care must be told the child is about to be searched;

(D) The child in care must be asked to remove all outer clothing (gloves, coat, hat, and shoes) and empty all pockets;

(E) The staff member must then pat the clothing of the child in care using only enough contact to conduct an appropriate search;

(F) If the staff detects anything unusual, the child in care must be asked to identify the item, and appropriate steps must be taken to remove the item for inspection;

(G) If the child in care refuses to comply, the executive director or designee must be notified immediately and be responsible to resolve the matter; and

(H) All searches must be documented in writing.

(e) Policy regarding obtaining appropriate consents for searches.

(f) If the child in care refuses to comply with a requirement of the search, the program must follow established policies to determine if the child in care can be refused admission to or discharged from the program.

(g) Information regarding any personal or room searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the child-caring agency for any program-initiated room or body search.

(3) If a child-caring agency has a swimming pool, or other body of water, on the premises that is readily accessible to children in care or if a child-caring agency plans to have children in care engage in aquatic recreation, the child-caring agency must have and adhere to policies and procedures that address, at a minimum, providing disclosures and obtaining consents, assessing swimming ability of children in care, and ensuring the safety of water access.

(4) Hazards.

(a) A child-caring agency must protect children in care it serves from guns, drugs, sharps, paint, hazardous materials, bio-hazardous materials, and other potentially harmful items. A child-caring agency must have a written policy that addresses potentially harmful materials that are in areas accessible to the children in care in the program or on the grounds of the program.

(b) Direct supervision by staff must be provided for any child in care who does not have the ability to adjust and control water temperature.

(c) Each light fixture must have a protective cover unless it is designed to be used without one.

(5) If a child-caring agency is reliant on a well for water, testing is required every two years for arsenic, nitrate, and total coliform bacteria. Testing must be conducted by a laboratory accredited by the Oregon Environmental Laboratory Accreditation Program (ORELAP). This requirement applies to all individual facilities listed on a child-caring agency’s license, all foster homes certified by a licensed foster care agency, and all homes approved for adoption by a licensed adoption agency. A copy of current results must be maintained on site of the tested property and the administrative offices of the licensed child-caring agency.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• CWP 26-2022, renumbered from 413-215-0079, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, adopt filed 12/26/2018, effective 01/01/2019

Or. Admin. R. 419-400-0210 Licensing Umbrella Rules: Application for License, Renewal, or to Add a Program

(1) For purposes of this rule, "applicant" means a child-caring agency that is in the process of applying to the Department for an initial license or license renewal or to add a program to an existing license.

(2) Application required.

(a) A child-caring agency must submit a completed application in each of the following situations:

(A) To obtain an initial license.

(B) To renew a license.

(C) To add a program to an existing license.

(b) An applicant must apply for a license on forms provided by the Department.

(c) A licensee must submit a completed application for renewal 60 days prior to the expiration of the current license. If the Department receives an application for renewal before the license expires, the license remains effective until the Department issues a decision on the application.

(3) Documents to be submitted by a new applicant. The applicant must submit to the Department at the time of application all of the following documents:

(a) An application form that is complete and signed by the board chair and either the executive director or program director.

(b) A copy of the articles of incorporation, bylaws, amendments to the articles of incorporation and bylaws, and documents evidencing each name change or assumed business name. This requirement does not apply to an applicant that is operated by a county government.

(c) A completed "CCA Contact Information" form that includes the current board of directors, including names, term, and office held and contact information for the board of directors, management personnel, other regulatory authorities, and state or governmental agencies or units with whom the child-caring agency contracts to provide care or services to children.

(d) A complete personnel list with job titles.

(e) An organization chart with job titles and staff names.

(f) Documentation that a current background check was completed as required in OAR 407-007-0200 to 407-007-0370 on the executive director and program director within six months of a complete application being submitted.

(g) A proposed annual budget adequate to finance the program. The budget must clearly indicate all sources of income and anticipated expenditures, as described in OAR 419-400-0050.

(h) A written program description, including admission requirements, population served, gender and ages served, types of programs and services offered, the cost to clients (if any), the geographical area to be served, and the projected staffing pattern. The program description must identify all exclusions that would make a child in care ineligible to be served by the child-caring agency.

(i) For new, expanding, or changing residential programs only, documentary proof of compliance with ORS 336.575, which requires notification of the superintendent or the district school board of possible effect of additional children in care and services, three months before children in care arrive at the agency's facility.

(j) Current copies of all written policies and procedures required by these rules and requested by the Department as part of application process.

(k) Floor plans for any proposed facility with enough detail to determine compliance with space requirements in these rules.

(l) Proof of insurance as required by OAR 419-400-0050(5).

(m) Current inspection report of the Fire Marshal and current environmental health inspection reports, unless the application is for a license as an adoption agency, secure transport provider. or a foster care agency. For an outdoor youth program, these inspections reports are only required for each base camp component.

(n) For the previous 10 years, a copy of each report by a government authority concerning a criminal charge, charge or finding of abuse, malpractice complaint, or lawsuit against the child-caring agency, a member of the child-caring agency's board of directors, or one of its employees related to the provision of services, and the basis and disposition of each action, if applicable. Reports issued by the Department that have already been received by the licensing coordinator may be excluded.

(o) Other documents or information requested by the Department.

(4) Documents to be submitted to renew a license. A licensee must submit to the Department at the time of application for renewal all of the following documents 60 days prior to expiration of the license:

(a) An application renewal form that is complete and signed by the board chair and either the executive director or program director.

(b) Current "CCA Contact Information" form as described in subsection (3)(c) of this rule.

(c) A complete personnel list with job titles.

(d) An organization chart with job titles and staff names.

(e) An approved background check as required in OAR 407-007-0200 to 407-007-0370 on the executive director and program director completed within six months of the expiration of the license.

(f) Proof of insurance as required by OAR 419-400-0050(5).

(g) Current inspection report of the Fire Marshal and current environmental health inspection reports, unless the re-application is for a license as an adoption agency, secure transport provider or a foster care agency. For an outdoor youth program, these inspection reports are only required for each base camp component.

(h) Audited financial statements as provided in this subsection:

(A) Except as provided in paragraph (B) of this subsection, a child-caring agency that has annual revenues in excess of $1 million must provide an audit completed by an independent certified public accountant for the most recent fiscal year.

(B) The requirement in paragraph (A) of this subsection does not apply to a child-caring agency that provides adoption placement services, but does not provide care to a child and does not receive public funds.

(i) A tax compliance certificate issued by the Oregon Department of Revenue.

(j) Current copies of all written policies and procedures required by these rules and requested by the Department as part of the renewal process.

(k) Other documents or information requested by the Department.

(5) Documents to be submitted to add a program to an existing license. A child-caring agency must submit documents required in subsections (a), (d), (e), (g), (h), (i), (j), (k), (l), (m), (n), and (o) of section (3) of this rule.

(6) Application fees.

(a) The Department requires no fee to be paid by an applicant for the inspection conducted to determine whether to grant, withhold, suspend, or revoke a license required by these rules.

(b) A child-caring agency may be required to pay for inspections done by other governmental agencies, such as county health departments and the State Fire Marshal, that are necessary to obtain a license from the Department.

(7) Processing the Application. Within 30 days of the receipt of an application and the documents described in section (3), (4), or (5) of this rule, the Department will begin its review to determine whether the applicant is or will be in compliance with applicable rules in OAR chapter 419, division 400 and whether denial is required or appropriate under OAR 419-400-0280. In connection with its evaluations, the Department may examine the records and files of the applicant, inspect and observe the physical premises, and interview children and families served by the program, the staff of the applicant, and persons in the community.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 14-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0081, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 29-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 09/29/2018
• CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
• CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0020
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0220 Licensing Umbrella Rules: Issuance of License

(1) If the Department determines from the application and its review that the child-caring agency is or will be in compliance with applicable rules in OAR chapter 419, division 400 and that denial is not required or appropriate under OAR 419-400-0280, the Department issues a license to the child-caring agency.

(2) A license is effective for a two-year period unless:

(a) The license is suspended or revoked as provided in OAR 419-400-0280;

(b) The license is rendered invalid when not utilized for a period of six consecutive months; or

(c) The license must be renewed on an annual basis because a notice of intent to suspend or revoke was rescinded under ORS 418.240(3).

(d) It is determined by the Department, in consultation with the applicant, that a license should be valid for less than two years to align with the license renewal date for other programs operated by the applicant, to align with the site review schedule of other regulatory entities that an applicant is overseen by or due to other circumstances or factors identified by the Department or the applicant.

(3) The license is not transferable and is not applicable to an entity other than the corporation to which the license is issued. The license is applicable only to a facility or site identified on the license.

(4) The following information is included on the license:

(a) The incorporated name of the licensee and its "assumed business name" if applicable.

(b) The address of the administrative office of the corporation.

(c) The address of each facility operated under authority of the license.

(d) The maximum number to be served at any one time in each facility, if applicable.

(e) The age of the persons to be served by the child-caring agency.

(f) The types of services the licensee is authorized to provide.

(g) The effective date and term of the license.

(h) Restrictions or conditions imposed by the Department, if applicable.

(i) Such other information deemed appropriate by the Department.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 13-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0086, filed 11/28/2022, effective 12/01/2022
• CWP 58-2018, amend filed 07/03/2018, effective 07/03/2018
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0230 Licensing Umbrella Rules: Responsibilities of Licensees

A licensee is responsible to do all of the following:

(1) Ensure that children in care are well cared for and safe from self-harm, physical harm, and abuse from others.

(2) Adhere to and comply with all policies and procedures of the licensee and ensure that the licensee's employees and volunteers adhere to and comply with the licensee's policies and procedures.

(3) Comply with all federal, state, and local laws, rules, regulations, executive orders, and ordinances applicable to the licensee and ensure that the licensee's employees and volunteers comply with all federal, state, and local laws, rules, regulations, executive orders, and ordinances applicable to the licensee.

(4) Meet with an employee of the Department upon request and make all employees, staff, agents, and contractors available to meet with the Department upon request.

(5) Provide copies of all written policies and procedures required in OAR 419-400-0210(3)(j) when requested.

(6) Make reports to the Department as required by law, these rules (OAR 419-400), and upon request to ensure that the requirements for licensing are met.

(7) Provide information about children in care when requested by the Department. The Department may request information about children in care at any time. Information requested may include, but is not limited to, the following:

(a) Names;

(b) Dates of birth;

(c) Dates of admission or service delivery;

(d) Names and contact information for children’s parents or guardians;

(e) Address where children reside or receive services;

(f) Assessments and diagnostic information;

(g) Treatment and service records;

(h) Medical records;

(i) Case notes; and

(j) Incident reports.

(8) Provide financial records and documents as required by law, these rules (OAR 419-400), and upon request. The Department may request financial information at any time. Information requested may include, but is not limited to, the following:

(a) Annual operating budget;

(b) Annual financial statements;

(c) Tax returns and tax-related documentation;

(d) Tax compliance certificates issued by the Oregon Department of Revenue; and

(e) Signed releases authorizing the Department to obtain financial information about the child-caring agency from the Internal Revenue Service, the Department of Revenue, or any other government entity.

(9) Permit immediate access to a child in care and access to any area of the premises in which the child in care receives care or services to the following:

(a) Employees and representatives of the Department;

(b) The child in care's attorney;

(c) The child in care's court-appointed special advocate;

(d) The parent or legal guardian of the child in care if the child in care has not been committed to the custody of the Department or the Oregon Youth Authority;

(e) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to the child in care; and

(f) Any other person authorized by the Department.

(10) Notify the Department in the following circumstances:

(a) Contact information. When information on the "CCA Contact Information Form" changes, the Department must be notified as soon as is reasonable. Changes may include, but are not limited to, board members, executive director, program manager(s), or other important contacts.

(b) Within one business day if a critical event occurs. As used in this section, "critical event" means a significant event occurring in the operation of a child-caring agency that is considered likely to cause complaints, generate concerns, or come to the attention of the media, law enforcement agencies, first responders, Child Protective Services, or other regulatory agencies. Compliance with this notification requirement does not satisfy mandatory child abuse reporting requirements under ORS 419B.005 to 419B.045.

(c) 30 days or more prior to the voluntary closure or change to inactive status of a program of the child-caring agency.

(d) When services are discontinued or when the child-caring agency intends to reactivate a service after a period of inactivity.

(11) A child-caring agency may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the care of the child-caring agency, violations of licensing requirements, criminal activity at the child-caring agency, violations of state or federal laws or any practice that threatens the health and safety of a child in the care of the child-caring agency to:

(a) The Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the child-caring agency; or

(b) A family member, guardian or other person who is acting on behalf of the child.

(12) A child-caring agency is considered to be interfering with the good faith disclosure as described in OAR 419-400-0230(11) by:

(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information; or

(b) Training an employee or volunteer not to disclose the information; or

(c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information.

(13) The department may revoke or suspend the license, certification or authorization of a child-caring agency that is found to have violated OAR 419-400-0230(11).

(14) OAR 419-400-0230(11) does not authorize the disclosure of:

(a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or

(b) Information protected under ORS 419A.255 and 419A.257

(15) Post a copy of the license in a common area at each facility operated by the licensee and retain the license at the administrative offices of the licensee.

(16) The licensee must indicate, in writing, that the license has been destroyed upon the suspension or revocation of the license, a change to inactive status, or a change of ownership or location.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240, ORS 418.005 & ORS 418.256
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 12-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0091, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0240 Licensing Umbrella Rules: Periodic Inspections

(1) The Department will visit and inspect each licensee and each facility operated by the licensee as provided in this rule to determine whether the program is maintained and operated in accordance with the rules in OAR chapter 419, division 400 and all other applicable laws and rules:

(a) The Department will inspect each child-caring agency at least once every two years; and

(b) The Department will inspect premises where children in care reside and receive services from employees or staff who do not reside on the premises at least once per year. Inspections under this subsection will be unannounced and occur at unexpected times and at irregular intervals.

(2) Employees of the Department may conduct inspections and may visit the licensee at unannounced, irregular intervals.

(3) The Department may also make informal visits, with notice to the licensee, in order to provide technical assistance to the licensee.

(4) A licensee must allow employees of the Department to enter the facilities of the child-caring agency; inspect all accounts, records of work, and physical premises; and interview all children and staff.

(5) A child-caring agency must make all of the following documents available for review during a site inspection:

(a) Personnel files on each employee.

(b) Criminal history, child abuse, and reference checks on volunteers.

(c) Board meeting minutes.

(d) A complete set of the policies and procedures of the child-caring agency.

(e) Records of the children and families served by the child-caring agency.

(f) Other documents or information requested by the Department.

(6) A licensee must allow access by the State Fire Marshal or an authorized representative of the State Fire Marshal to all facilities maintained by the licensee, residents of its facilities, and records of the licensee that pertain to fire safety.

(7) A licensee must allow access by an environmental health specialist, for the purpose of conducting an environmental health inspection, to the facilities maintained by the child-caring agency, the records of the child-caring agency pertaining to environmental health, and residents.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 11-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0101, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0210, CWP 29-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0250 Licensing Umbrella Rules: Investigation of Complaints

(1) A child-caring agency must cooperate fully and comply with all investigations by the Department conducted pursuant to the requirements of the law.

(2) The Department will immediately investigate and take appropriate action when the Department becomes aware, whether from the inspections undertaken pursuant to ORS 418.255 or otherwise, that any suspected or founded abuses, deficiencies, violations, or failures to comply with the full compliance requirements described in ORS 418.240 and these rules are occurring in a child-caring agency.

(3) The Department will immediately investigate when the Department becomes aware that a child-caring agency, or an owner, operator, or employee of a child-caring agency, is the subject of an investigation by another state, federal, or law enforcement agency and take action as provided in ORS 418.240.

(4) Upon determination of a level of threat or risk to children in care, the Department will take appropriate steps to protect and ensure the health, safety, and welfare of children in care.

(5) The Department will notify the child-caring agency of any corrective action the Department may initiate because of the investigation, and of the deadlines for the child-caring agency to complete any corrective action.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• CWP 26-2022, renumbered from 413-215-0106, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0220, CWP 29-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0260 Licensing Umbrella Rules: Corrective Actions

(1) As a result of an inspection, or at any time, the Department may require a child-caring agency to take various actions to ensure the child-caring agency is in compliance with the rules in OAR chapter 419, division 400 and other applicable statutes and rules:

(a) The Department may prescribe specific actions that must be taken by a child-caring agency to achieve full compliance;

(b) The Department may impose a formal Plan of Correction;

(c) The Department may establish deadlines by which the child-caring agency must correct the identified deficiencies; and

(d) The Department may impose conditions on a license as provided in OAR 419-400-0280 while corrections are pending.

(2) If the Department imposes a Plan of Correction that the child-caring agency does not comply with in the time allotted for correction, the Department must immediately notify the following of the failure to comply with the Plan of Correction:

(a) The Legislative Assembly or the interim committees of the Legislative Assembly relating to child welfare.

(b) The governing board and executive director of the child-caring agency.

(c) Any governmental agency that has a contract with the child-caring agency to provide care or services to a child in care.

(3) When a condition exists that seriously endangers or places at risk the health, safety, or welfare of a child in care, the director of the Department will issue an interim emergency order without notice, or with reasonable notice under the circumstances, requiring the child-caring agency to correct the conditions and ensure the safety of children in care of the child-caring agency. The interim emergency order remains in force until a final order, after a hearing, is entered in accordance with ORS chapter 183.

(4) The director may commence an action to enjoin operation of a child-caring agency:

(a) If the child-caring agency is being operated without a license; or

(b) If the child-caring agency fails to comply with a Plan of Correction imposed by the Department or an interim emergency order issued under section (3) of this rule within the time specified in the order.

(5) In addition to the corrective actions in this rule and other rules in OAR chapter 419, division 400, the Department may take any other lawful actions necessary to protect and ensure the health, safety, and welfare of children in care as necessary under the circumstances.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 10-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0111, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0270 Licensing Umbrella Rules: Civil Penalties

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

(a) Violation of any of the terms or conditions of a license, certification, or other authorization issued under ORS 418.205 to 418.327, 418.470, 418.475, or 418.950 to 418.970.

(b) Violation of any rule in OAR chapter 419, division 400 or a general order of the Department against a child-caring agency.

(c) Violation of any final order of the Department that pertains specifically to the child-caring agency.

(d) Violation of the requirement to have a license, certificate, or other authorization under ORS 418.205 to 418.327, 418.470, 418.475, or 418.950 to 418.970.

(e) Violation of the disclosure requirements applicable to a secure transportation services provider as described in OAR 419-480-0110(2).

(2) The Department will by law impose a civil penalty not to exceed $500, unless otherwise required by law, on any child-caring agency for falsifying records, reports, documents, or financial statements or for causing another person to do so.

(3) The Department will by law impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a child-caring agency or child-care facility that assumes care or custody of, or provides care or services to, a child in care knowing that the child in care's care needs exceed the license, certificate, or authorization classification of the child-caring agency if the assumption of care or custody, or provision of care or services, places the child in care's health, safety, or welfare at risk.

(4) As required by ORS 418.995, the Department will consider the following factors in making a decision about the level of penalty imposed:

(a) The past history of the child-caring agency incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes or rules pertaining to the child-caring agency.

(c) The economic and financial conditions of the child-caring agency incurring the penalty.

(d) The immediacy and extent to which the violation threatens or places at risk the health, safety, and well-being of the children in care served by the child-caring agency.

(5) Civil Penalty Schedule. Except as provided otherwise in sections (2) and (3) of this rule, for each violation by the child-caring agency, the following civil penalty may be imposed:

(a) $100 per violation if all four subsections of section (4) of this rule favor the child-caring agency.

(b) $200 per violation if three subsections of section (4) of this rule favor the child-caring agency.

(c) $300 per violation if two subsections of section (4) of this rule favor the child-caring agency.

(d) $400 per violation if one subsection of section (4) of this rule favor the child-caring agency.

(e) $500 per violation if no subsections of section (4) of this rule favor the child-caring agency.

(6) Unless the health, safety, or welfare of a child in care is at risk, in cases in which the Department is considering the imposition of a civil penalty, the Department will prescribe a reasonable time period for the child-caring agency to eliminate the violation:

(a) Not to exceed 45 days after the first notice of violation; or

(b) In cases where the violation requires more than 45 days to correct, such time as is specified in a plan of correction found acceptable by the Department.

(7) Unless otherwise required by law, a civil penalty imposed under this rule may be canceled or reduced under terms or conditions determined by the Department to be proper and consistent with public health and safety.

(8) A child-caring agency against whom a civil penalty is to be imposed shall be served a notice of violation and assessment of penalty in the form provided in OAR 137-003-0505 and OAR 137-003-0670. Service of the notice may be accomplished in the manner provided in ORS 411.103.

(9) As provided in ORS 418.993, the child-caring agency to which the notice of violation and assessment of penalty is addressed has 10 days from the date of service of the notice in which to submit a written request for a hearing. All such hearings shall be conducted as a contested case hearing pursuant to the applicable provisions of ORS 183.413 to 183.470.

(10) If the child-caring agency does not request a hearing, withdraws the hearing request, or fails to appear at the hearing, the Department will issue a final order imposing the penalty.

(11) A civil penalty imposed under this rule is due and payable 10 days after the notice imposing the civil penalty becomes a final order.

(12) If a final order of civil penalty is not appealed or sustained on appeal, and the amount of penalty was not paid within 10 days after the expiration of the appeal deadline, the order may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the child-caring agency incurring the penalty and the amount of the penalty in the County Clerk Lien Record.

(13) Upon recording an order in the County Clerk Lien Record, the Department may initiate proceedings to enforce the order by filing in the Circuit Court for the county where the order is recorded a certified copy of the civil penalty order and a certified copy of the recording made in the County Clerk Lien Record. Subject to any other requirements that may apply to the enforcement proceedings sought by the Department, the court shall then proceed as with judgments issued by the court. The Department may use enforcement proceedings available to the Department in ORS chapter 18.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.994 & ORS 418.240
• Statutes/Other Implemented: ORS 418.992 - 418.998 & ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 9-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0116, filed 11/28/2022, effective 12/01/2022
• CWP 25-2022, amend filed 10/31/2022, effective 11/01/2022
• CWP 9-2022, temporary amend filed 06/23/2022, effective 06/23/2022 through 12/19/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0030, CWP 29-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0280 Licensing Umbrella Rules: Denial, Suspension, or Revocation of License and Placing Conditions on a License

(1) The Department may suspend, revoke, or place conditions on the child-caring agency's license, certificate, or other authorization in the following circumstances:

(a) The child-caring agency is not in full compliance with the requirements of OAR 419-400-0010(5) or other applicable requirement in OAR chapter 419, division 400.

(b) The Department finds, after investigation by the Department or law enforcement, that abuses, deficiencies, violations, or failures to comply are founded.

(c) The child-caring agency, or the owner or operator of the child-caring agency including proctor foster homes, interfered with or hindered an investigation of abuse of a child in care, including, but not limited to, intimidation of witnesses, falsification of records, or denial or limitation of interviews with the child in care who is the subject of the investigation or the witnesses.

(d) The child-caring agency is found to violate the requirements of OAR 419-400-0230(11) as described in OAR 419-400-0230(13)

(2) Conditions placed on a license under section (1) of this rule include, but are not limited to, the following:

(a) Placing full or partial restrictions on admission of children;

(b) Temporary suspension;

(c) Limitation of operations subject to an intent to revoke; and

(d) Limitation of operations subject to correction of violations as specified in a plan of correction imposed by the Department.

(3) The Department may immediately deny, suspend, revoke, or place conditions on the child-caring agency's license in the following circumstances:

(a) The child-caring agency failed to permit an inspection of premises or of the books and records of the child-caring agency.

(b) The child-caring agency failed to make corrections within 45 days from the effective date of the plan of correction under OAR 419-400-0260.

(c) The Department determines at any time during or after an investigation that the abuses, deficiencies, violations or failures to comply are or threaten a serious danger to any child or to the public, or place a child in care at risk with respect to the child in care's health, safety, or welfare.

(4) The Department will deny issuance or renewal of a license, certificate, or other authorization to a child-caring agency if the child-caring agency is not or will not be in full compliance with all of the standards, procedures, and protocols in OAR 419-400-0010(5) or other applicable requirement in OAR chapter 419, division 400.

(5) The Department may deny issuance or renewal, suspend, revoke, or place conditions on a license, certificate or other authorization if the Department becomes aware that a child caring agency, or the owner or operator of the child-caring agency, has been found by other state or federal entities to have engaged in financial, civil, or criminal misconduct.

(6) The Department may deny an application for a license if, during the year prior to the date an application is received by the Department, the applicant has had a previous application for a license, certificate or other authorization for similar care or services denied or a prior license, certificate or other authorization for similar care or services revoked, from any state, department or agency.

(7) The Department will take immediate steps to suspend or revoke the license of a child-caring agency if any of the following circumstances are found to exist:

(a) There has been the death of a child in care as a result of abuse or neglect on the part of the child-caring agency or any of the child-caring agency’s employees or agents;

(b) There has been sexual or physical abuse or neglect of a child in care in the child-caring agency’s care or custody that was known to the child-caring agency, and the child-caring agency did not take immediate steps to report the abuse or neglect and to ensure the child in care's safety;

(c) The child-caring agency failed to cooperate fully with any local, state or federal regulatory entity’s investigation of the child-caring agency or the child-caring agency’s operations or employees; or

(d) The child-caring agency failed to provide financial statements as required under these rules and ORS 418.255.

(8) A suspension or revocation issued under section (6) of this rule may not be rescinded by the Department except as provided in ORS 418.240(3).

(9) If a child-caring agency operates more than one program or facility, the Department has the option to suspend, revoke, or deny the license only as it applies to the program or facility out of compliance with applicable statutes or rules.

(10) To request a contested case hearing, as provided in ORS chapter 183, the child-caring agency must provide the Department's Licensing Unit a timely written request for a hearing. If there is no timely written request for a hearing, the child-caring agency has waived the right to a hearing, except as provided in OAR 137-003-0528(1).

(11) To be timely, a hearing request under section (9) of this rule must be received or postmarked within the following applicable deadline as counted from the date that the Department mailed the notice of denial, suspension, or revocation:

(a) 90 days when the Department previously found a serious danger to the public health or safety and suspended or refused to renew a license with an effective date prior to hearing; or

(b) 30 days when subsection (a) of this section does not apply.

(12) Except for a child-caring agency that retains a facility with an active license under subsection (9) of this rule, if the Department revokes a license, the child-caring agency may not apply under any name for licensure under this chapter of rules for the three years following the effective date of revocation.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 8-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0121, filed 11/28/2022, effective 12/01/2022
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 14-2018, temporary amend filed 02/05/2018, effective 02/05/2018 through 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0240, CWP 29-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0290 Licensing Umbrella Rules: Inactive and Amended Licenses

(1) Inactive license.

(a) A child-caring agency is considered to have an inactive license if the child-caring agency discontinues or fails to provide a service for which the child-caring agency is licensed for a period of 180 days.

(b) A child-caring agency no longer providing services for which it is licensed must immediately inform a Department licensing coordinator.

(c) In order to reactivate an inactive license, a child-caring agency must request an inspection by the Department for the purpose of verifying its compliance with all applicable Department rules. The child-caring agency may not resume providing services until the Department has verified in writing that the child-caring agency is in compliance with all applicable Department rules and reinstated the child-caring agency to active status.

(2) Amended license.

(a) The Department may require additional documentation of a licensee if the Department is considering the amendment of a license.

(b) The Department may issue an amended license to a licensee that has an inactive facility or program, but retains another facility or program with an active license.

(c) The Department may issue an amended license upon written request of the licensee to accommodate changes in the factors upon which an existing license is based.

(3) The term of an inactive or amended license is not extended by any action described in this rule.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 2-2026, minor correction filed 05/06/2026, effective 05/06/2026
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 7-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0126, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 10-2019, minor correction filed 01/07/2019, effective 01/07/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 29-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-400-0300 Licensing Umbrella Rules: Exceptions

(1) The Department may waive a requirement of a rule in OAR chapter 419, division 400 upon written request of a child-caring agency. The written request must identify the rule, give the reasons that justify the exception, describe the agency's assessment of the risk, state the length of time for which the exception is requested, and explain how the needs of children in care and families would be affected if the child-caring agency did not comply with the rule.

(2) The Department may approve a request for an exception upon a determination that the failure of a child-caring agency to comply with the rule does not pose a threat to the health, safety, and welfare of children in care and families. In determining whether to grant an exception, the Department additionally must take into consideration:

(a) Whether the child-caring agency has consistently been in compliance with licensing regulations.

(b) Innovative approaches of the child-caring agency.

(c) The availability of services to children in care and families similar to the services provided by the child-caring agency.

(d) The impact of the rule exception sought.

(e) Whether the Department may waive application of the rule under state statute or federal law.

(f) Any other circumstances or information relevant to the request for the exception.

(3) A child-caring agency granted an exception may, as a condition of obtaining and retaining the exception, be required to provide specific information on its operation under the exception.

(4) A child-caring agency may operate under an exception for a period of time set by the Department, not to exceed the term of its current license.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 1-2026, amend filed 04/27/2026, effective 05/01/2026
• OTIS 6-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0131, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0250, CWP 29-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-400-0310 Licensing Umbrella Rules: Notifications Involving a Child-caring Agency

(1) Oregon law requires the Department to make notifications involving a child-caring agency when the Department:

(a) Receives a report of suspected violation;

(b) Assigns a report of abuse for investigation;

(c) Makes an abuse determination on a report of abuse; or

(d) Takes a licensing action under OAR 419-400-0280.

(2) This rule describes the notifications that are made by personnel within the Children’s Care Licensing Program who are designated by the Director of the Department to receive information regarding child-caring agencies under ORS 418.260(5), screen it to determine if notifications are required, and document and track notifications made.

(3) When a report of suspected violation is received, the Department must:

(a) Immediately notify:

(A) Department personnel responsible for licensing child-caring agencies and investigating complaints under OAR 419-400-0250;

(B) Department personnel responsible for ensuring contract compliance under OAR 413-090-0090;

(C) Any Department caseworker assigned to the child in care named in the report, if applicable; and

(D) All other Department personnel who are appropriate given the nature and circumstances of the report.

(b) Notify OYA if the child-caring agency is known or found to serve children also served by OYA.

(c) Notify any county juvenile department if the child-caring agency is known or found to serve children also served by a county juvenile department.

(d) Notify a contact person designated by the child-caring agency as the authority responsible for such reports.

(4) When a report of abuse of a child in care involving a child-caring agency is received, notifications are made as provided in this section.

(a) When a report if assigned for investigation, the Department must:

(A) Immediately notify:

(i) Department personnel responsible for licensing child-caring agencies and investigating complaints under OAR 419-400-0250;

(ii) Department personnel responsible for ensuring contract compliance under OAR 413-090-0090;

(iii) ODDS if the child-caring agency is known or found to serve children also served by ODDS;

(iv) Any Department caseworker assigned to the child in care named in the report, if applicable;

(v) Any governmental agency that has a contract with the child-caring agency to provide services to the child in care named in the report; and

(vi) All other Department personnel who are appropriate given the nature and circumstances of the report.

(B) Notify OYA if the child-caring agency is known or found to serve children also served by OYA.

(C) Notify any county juvenile department if the child-caring agency is known or found to serve children also served by a county juvenile department.

(D) Notify a contact person designated by the child-caring agency as the authority responsible for such reports.

(E) When the child in care named in the report does not have an open Child Welfare case, notify the parents or guardians of the child in care and any legal parties to the child’s case, if applicable, such as attorneys and the child’s tribe.

(b) When an abuse determination is made on a report, the Department must:

(A) Notify everyone notified under subsection (a) of this section of the abuse determination; and

(B) When the abuse determination is substantiated, notify:

(i) The Director of the Department; and

(ii) The Director of the Office of Child Welfare Programs.

(c) When an abuse determination is changed on a report, the Department must notify everyone previously notified that the abuse determination has been changed.

(5) When the Department places conditions on a license, or suspends or revokes a license under OAR 419-400-0280, the Department must notify:

(a) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to a child; and

(b) The governing board for the child-caring agency.

(6) Information provided under this rule may only be disclosed consistent with state and federal law and Department rules. Information may not be disclosed if disclosure would hinder an investigation or place a child at risk.

History

• Statutory/Other Authority: ORS 418.005, ORS 418.240 & ORS 419B.035
• Statutes/Other Implemented: ORS 418.005, ORS 419B.005 – 419B.050 & ORS 418.205 - 418.327
• OTIS 5-2023, minor correction filed 01/18/2023, effective 01/18/2023
• CWP 26-2022, renumbered from 413-215-0136, filed 11/28/2022, effective 12/01/2022
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
• CWP 21-2017, renumbered from 413-080-0070, filed 12/29/2017, effective 12/29/2017
• CWP 23-2016, f. & cert. ef. 12-1-16
• CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16

Division 410 ACADEMIC BOARDING SCHOOLS

Or. Admin. R. 419-410-0010 Academic Boarding Schools: What Law Applies

These rules, OAR 419-410-0010 to 419-410-0150, regulate a child-caring agency licensed as an academic boarding school. An academic boarding school must also comply with OAR 419-400-0005 to 419-400-0310.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• OTIS 27-2023, minor correction filed 01/25/2023, effective 01/25/2023
• CWP 26-2022, renumbered from 413-215-0201, filed 11/28/2022, effective 12/01/2022
• CWP 90-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 30-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-410-0020 Academic Boarding Schools: Educational Services

The educational services of an academic boarding school must comply with all of the following requirements:

(1) The academic boarding school must comply with the minimum requirements for private schools as determined by the Oregon Department of Education.

(2) The academic boarding school must ensure that it has a curriculum that considers the goals of modern education and the requirements of a sound comprehensive curriculum.

(3) Secondary schools must verify that they have academic standards necessary for students to obtain admission to community colleges and institutions of higher education and receive a high school diploma or GED.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.327 & ORS 418.005
• Statutes/Other Implemented: ORS 409.010, ORS 418.327 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0211, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0610, CWP 30-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-410-0030 Academic Boarding Schools: Physical Plant Requirements

(1) An academic boarding school may not allow children in care to have access to, or provide services regulated by these rules (OAR 419-410-0010 to 419-410-0150) in, a building unless the building has been certified as meeting all applicable state and local construction-related requirements for a building used by the academic boarding school.

(2) An academic boarding school must meet all of the following requirements:

(a) All buildings where children in care are present must be smoke-free.

(b) All buildings owned, maintained, or operated by the academic boarding school to provide services to children in care must meet all applicable state and local building, electrical, plumbing, and zoning codes.

(c) All areas of buildings where children in care are present must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing, and electrical systems must be functional and in good repair.

(d) Each room used by children in care must have floors, walls, and ceilings that meet the interior finish requirements of the applicable Oregon Structural Specialty Code (see the current version of OAR 837-040-0140) and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020) and be free of harmful drafts, odors, and excessive noise.

(e) Each room used by children in care must be adequate in size and arrangement for the purpose in which it is used.

(f) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout each facility.

(g) Water systems serving the property must be installed and maintained in compliance with applicable drinking water regulations (see OAR chapter 333) from the Public Health Division of the Oregon Health Authority.

(h) Heat and ventilation.

(A) Buildings must be ventilated by natural or mechanical means and must be free of excessive heat, condensation, and obnoxious odors.

(B) Room temperature must be maintained within a normal comfort range.

(i) Water temperature and access to water:

(A) A continuous supply of hot and cold water, installed and maintained in compliance with this rule and OAR 419-410-0040, must be distributed to taps conveniently located throughout each building used to provide services or housing for children in care.

(B) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in each building used to provide services or housing for children in care.

(C) Each child in care who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff member of the academic boarding school.

[Publications: Publications referenced are available from the agency.]

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• OTIS 26-2023, minor correction filed 01/25/2023, effective 01/25/2023
• CWP 26-2022, renumbered from 413-215-0216, filed 11/28/2022, effective 12/01/2022
• CWP 93-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0560, CWP 30-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-410-0040 Academic Boarding Schools: Room and Space Requirements

An academic boarding school must meet all of the following room and space requirements:

(1) All parts of the facility must ensure the safety of the children in care.

(2) Living area. A separate living room or lounge area must be available for the exclusive use of residents, employees, and invited guests with a minimum of 15 square feet per child in care.

(3) Bedrooms. Bedrooms for children in care may not be exposed to drafts, odors, or noises that interfere with the health or safety of the occupants. Each bedroom must comply with all of the following requirements:

(a) Have adequate furnishings and personal items for the children in care residing in them.

(b) Be separate from the rooms used for dining, living, multi-purpose, laundry, kitchen, or storage.

(c) Be an outside room, with a window allowing egress from the building.

(d) Have a ceiling height of at least 90 inches.

(e) Have a minimum of 60 square feet per bed.

(f) House no more than 25 children in care in one room when a dormitory-style sleeping arrangement is used.

(g) Have permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(h) Have a window covering on each window to ensure privacy.

(i) Contain beds for children in care that meet both of the following requirements:

(A) There must be at least three feet between beds, including trundle beds if used; and

(B) Bunk beds, if used, must be maintained to ensure safety of the children in care.

(4) Bathrooms.

(a) Bathrooms must be provided and be conveniently located in each building containing a child in care's bedroom, and must have all of the following:

(A) A minimum of one toilet for every eight children in care.

(B) A minimum of one hand-washing sink with mixing faucets for each eight children in care. The sink may not be used for the preparation of food or drinks or for dish washing.

(C) A self-closing metered faucet, if used, that provides water flow for at least 15 seconds without a need to reactivate the faucet.

(D) Hot and cold running water, as well as soap and paper towels available at sinks, or, other hand-drying options approved by the local health department.

(E) One bathtub or shower for every 10 children in care.

(F) Arrangements for individual privacy for each child in care.

(G) A window covering on each window to ensure privacy.

(H) Permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(I) Adequate ventilation.

(J) Have adequate personal items for children in care.

(b) Use of wooden racks over shower floors is prohibited.

(c) When impervious shower mats are used, they must be disinfected and dried at least once per day.

(5) Dining area. A separate dining room or area must be provided for the exclusive use of children in care, employees, and invited guests. The dining area must have the capacity to seat at least one-half of the children in care at one time and must contain a minimum of 15 square feet per child in care.

(6) Kitchen.

(a) Kitchens must be used exclusively for storage, food preparation, dish washing, and other activities related to eating and may not, except as provided in OAR 419-410-0080, be used for children in care's activities other than eating.

(b) The walls, floors, and floor coverings of all rooms in which food or drink is prepared or stored or utensils are washed or stored must be smooth, washable, and easily cleanable.

(c) All equipment and utensils used for food service, including plastic ware and food-contact surfaces, must be easily cleanable, durable, nontoxic, and nonabsorbent, and must be maintained in a clean and sanitary condition.

(d) All equipment used for food preparation must be installed and maintained in a manner that provides ease of cleaning beneath, between, and behind each unit.

(7) Laundry area. Laundry facilities, when provided, must be separate from all of the following:

(a) Living areas, including bedrooms for children in care.

(b) Kitchen and dining areas.

(c) Areas used for the storage of un-refrigerated perishable food.

(8) Storage. Separate storage areas must be provided for each of the following:

(a) Food, kitchen supplies, and utensils.

(b) Clean linens.

(c) Soiled linens and clothing.

(d) Cleaning compounds and equipment.

(e) Poisons, chemicals, pest and rodent control products, insecticides, and other toxic materials that must be properly labeled, stored in the original container, and kept in a locked storage area.

(f) Outdoor recreational and maintenance equipment.

(9) Outdoor activity area. A usable out-of-doors activity area must be provided that is –

(a) Protected from vehicular traffic and other hazards; and

(b) Of a size and availability appropriate to the age and needs of the children in care.

(10) Classrooms and school buildings, if used, must be adequate in size and arrangement for the programs offered.

(11) Time-out rooms. Rooms used for time out or quiet time must have adequate space, heat, light and ventilation and must not be capable of locking.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 25-2023, minor correction filed 01/25/2023, effective 01/25/2023
• CWP 26-2022, renumbered from 413-215-0218, filed 11/28/2022, effective 12/01/2022
• CWP 94-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16

Or. Admin. R. 419-410-0050 Academic Boarding Schools: Furnishings and Personal Items for Children in Care

An academic boarding school must meet all of the following requirements:

(1) Furniture. Adequate furnishings must be provided for each child in care including, but not limited to:

(a) A bed, including a frame;

(b) A clean, comfortable mattress, and a pillow; and

(c) A private dresser, closet, or similar storage area for personal belongings that is readily accessible to the child in care.

(2) Linens. Linens in good repair must be provided or arranged for each child in care, including:

(a) A waterproof mattress cover or waterproof mattress;

(b) Sheets and pillowcase;

(c) Blankets appropriate in number and type for the season and the individual child in care; and

(d) Towels and washcloths.

(3) Bedding must be changed at least weekly or when soiled and upon change of the child in care.

(4) Personal hygiene supplies. Individual personal hygiene supplies that are appropriate to the child's age, gender, and culture must be made available to each child in care, stored in a clean and sanitary manner, and must include:

(a) A comb;

(b) Shampoo, or other hair cleansing product;

(c) A toothbrush;

(d) Soap;

(e) Deodorant;

(f) Toothpaste;

(g) Toilet paper;

(h) Menstrual supplies, if appropriate; and

(i) Other supplies that are appropriate to the child in care's age, gender, and cultural needs.

(5) Clothing. Adequate and seasonally appropriate clothing must be provided for the exclusive use of each child in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0221, filed 11/28/2022, effective 12/01/2022
• CWP 95-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 30-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-410-0060 Academic Boarding Schools: New Facility or Remodel

An academic boarding school must meet all of the following requirements:

(1) Building Plans.

(a) An academic boarding school must submit to the Department for approval a set of plans and specifications for each building used for children in care operated by the academic boarding school at each of the following times:

(A) Prior to construction of a new building.

(B) Prior to construction of an addition to an existing building.

(C) Prior to the remodeling, modification, or conversion of a building.

(D) In support of an application for initial license to operate an academic boarding school under OAR 419-400-0210.

(b) Plans must comply with all applicable state and local requirements for a building used as a child caring agency, including the Oregon Structural Specialty Code (see OAR 837-040-0140), the Oregon Fire Code (see OAR 837-040-0010 and 837-040-0020), Oregon Health Authority requirements for buildings (see OAR chapter 333), the Oregon Plumbing Specialty Code (see OAR 918-750-0110 to OAR 918-750-0115), the rules of the State Fire Marshal for buildings (OAR chapter 837) and the local building, fire, and safety codes.

(c) Plans must be drawn to scale and must specify the date upon which construction, modification, or conversion will be completed, if applicable.

(2) Sanitarian approval. The water supply, sewage, and garbage disposal systems must be approved by a sanitarian registered with the Environmental Health Registration Board (see OAR 338-010-0025 to 338-010-0038).

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• OTIS 24-2023, minor correction filed 01/25/2023, effective 01/25/2023
• CWP 26-2022, renumbered from 413-215-0226, filed 11/28/2022, effective 12/01/2022
• CWP 96-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0570, CWP 30-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-410-0070 Academic Boarding Schools: Environmental Health

An academic boarding school must meet all of the following requirements:

(1) The program of the academic boarding school must maintain an environment that ensures safety for program staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0231, filed 11/28/2022, effective 12/01/2022
• CWP 91-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0600, CWP 30-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-410-0080 Academic Boarding Schools: Food Services

An academic boarding school must meet all of the following requirements with regard to food services:

(1) Nutrition and dietary requirements.

(a) An academic boarding school must arrange meals daily, consistent with normal mealtimes that occur during hours of operation.

(b) Snacks must be available and provided as appropriate to the age and activity levels of children in care.

(c) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each child in care at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the record of the academic boarding school for at least six months.

(d) Drinking water must be freely available to the children in care served by the academic boarding school.

(2) Food selection, storage, and preparation.

(a) All food and drink provided by the academic boarding school must be stored, prepared, and served in a sanitary manner.

(b) All employees who handle food served to children in care must have a valid food handler's card pursuant to ORS 624.570.

(c) Selection of food. All food products served by an academic boarding school must be obtained from commercial suppliers, except:

(A) Fresh fruits and vegetables and fruits or vegetables frozen by the academic boarding school may be served.

(B) The serving of unpasteurized juice is prohibited.

(d) Requirements related to milk.

(A) Only Grade A pasteurized and fortified milk may be served to children in care.

(B) Milk and fluid milk products must be dispensed from a commercially filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or Oregon Department of Agriculture.

(e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the academic boarding school.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0236, filed 11/28/2022, effective 12/01/2022
• CWP 92-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0580, CWP 30-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-410-0090 Academic Boarding Schools: Safety

An academic boarding school must meet all of the following requirements related to safety:

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The academic boarding school must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020).

(b) The academic boarding school must comply with existing state and local fire safety codes.

(2) Emergency plan.

(a) The academic boarding school must have, for each boarding facility it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency.

(B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency.

(b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones.

(c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(3) Evacuation drills.

(a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the academic boarding school must document the following information and retain it for a minimum of two years:

(A) Identity of the person conducting the drill.

(B) Date and time of the drill.

(C) Notification method used.

(D) Staff members on duty and participating.

(E) Number of children in care and staff evacuated.

(F) Special conditions simulated.

(G) Problems encountered.

(H) Time required to accomplish complete evacuation.

(b) The academic boarding school must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.327 & ORS 418.005
• Statutes/Other Implemented: ORS 409.010, ORS 418.327 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0241, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0550, CWP 30-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-410-0100 Academic Boarding Schools: Health Services

(1) An academic boarding school must obtain all private health record information referred to in this rule in a manner that complies with federal and state law.

(2) Medical History. Within 30 days of a child in care starting in an academic boarding school, the academic boarding school must obtain available medical history and other health-related information on the child in care, including:

(a) Significant findings of the most current physical examination;

(b) The child in care's current immunizations, history of surgical procedures and significant health issues or injuries, and past or present communicable diseases;

(c) Any known allergies;

(d) Dental, vision, hearing, and behavioral health; and

(e) Physician or qualified medical professional's orders, including those related to medication, if any.

(3) Medical examinations. An academic boarding school must safeguard the health of each child in care by providing for a medical examinations of each child by a qualified physical at each of the following intervals:

(a) Three examinations during the first year of the child's life.

(b) One examination at the age of two.

(c) One examination at the age of four.

(d) One examination at the age of six.

(e) One examination at the age of nine.

(f) One examination at the age of 14.

(4) An academic boarding school must have written procedures for accessing routine and urgent medical care for children in care, including obtaining necessary consents.

History

• Statutory/Other Authority: ORS 418.240, ORS 409.050, ORS 418.327 & ORS 418.005
• Statutes/Other Implemented: ORS 418.327, ORS 418.240, ORS 418.005 & ORS 409.010
• CWP 26-2022, renumbered from 413-215-0246, filed 11/28/2022, effective 12/01/2022
• CWP 97-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 30-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-410-0110 Academic Boarding Schools: Medication

An academic boarding school must meet all of the following requirements:

(1) Policy and procedures. The academic boarding school must have and adhere to policies and procedures that cover all prescription and non-prescription medication that address all of the following:

(a) How the medication will be administered.

(b) By whom the medication will be administered.

(c) How the staff of the academic boarding school who administer medication will be trained.

(d) How the administration of medication will be documented.

(e) How the administration of medication will be monitored.

(f) How unused medication will be disposed of.

(g) Requirements for the use of herbal supplements and similar remedies; medical treatments such as special diets and physical therapy; and the self-administration of medication by children in care.

(2) Program staff may not dispense medication to a child in care in any of the following situations:

(a) In excess of the prescribed or authorized amount.

(b) For disciplinary purposes.

(c) For the convenience of staff.

(d) As a substitute for appropriate treatment services.

(3) A prescription, signed by a physician or qualified medical professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medication prescribed for one child in care may not be administered to, or self-administered by another child in care or staff. As used in this rule, "self administration of medication" refers to the act of a child in care placing a medication internally in, or externally on, his or her own body.

(4) Medication storage.

(a) A prescription medication that is unused and any medication that is outdated or recalled may not be maintained in a facility. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

(b) The facility may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications stored in the facility must be kept in a manner that they are accessible only to staff or the child in care for whom the medication is intended.

(d) A medication requiring refrigeration must be refrigerated and secured.

(e) Medication must be maintained and stored in its original container, including the prescription label.

(5) Medication disposal. Medication must be disposed of in a manner that ensures that it cannot be retrieved, in accordance with all applicable state and federal law.

(6) A written record of all medications disposed of by the academic boarding school must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the person disposing the medication, and the initials of an adult witness.

(7) Medication Records. A written record must be kept for each child in care listing each medication, both prescription and over-the-counter, that is administered or dispensed by the academic boarding school. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of the person administering the medication.

(h) Any possible adverse reactions to the medication.

(i) Documentation of any medication taken outside the facility to be administered during a home visit or other activity.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240
• CWP 26-2022, renumbered from 413-215-0251, filed 11/28/2022, effective 12/01/2022
• CWP 98-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 30-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-410-0120 Academic Boarding Schools: Minimum Staffing Requirements

(1) The academic boarding school must provide adequate supervision and protection for children. The supervision must be adequate for the type of program, location of program, the time of day or night, the age and type of children in care served, physical plant design, location, and ability of the supervisor to respond, electronic backup systems, and other means available to ensure supervision and protection.

(2) Additional staffing requirements for emergency response.

(a) When there is only one employee of the academic boarding school on duty in a facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes.

(b) One employee who is age 18 or over, has a current certification in cardiopulmonary resuscitation and first aid, and is capable of taking appropriate action in an emergency must be on site at all times when one or more children in care are present on the premises of the academic boarding school.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240
• CWP 26-2022, renumbered from 413-215-0261, filed 11/28/2022, effective 12/01/2022
• CWP 99-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0540, CWP 30-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-410-0130 Academic Boarding Schools: Separation of Children

An academic boarding school must meet all of the following requirements:

(1) Combining children and adults. Special care must be taken by an academic boarding school to provide adequate supervision of children in care when children in care 18 years of age or older are being served by the academic boarding school.

(2) Co-ed facilities. Special care must be taken by an academic boarding school to provide adequate supervision when the program serves both males and females concurrently. Children's bedrooms for males must be separated from bedrooms for females.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0266, filed 11/28/2022, effective 12/01/2022
• CWP 100-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 30-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-410-0140 Academic Boarding Schools: Consents, Disclosures, and Authorizations

(1) Consents. For each child in care of an academic boarding school, the academic boarding school must ensure that a parent or legal guardian signs a consent that authorizes the academic boarding school to undertake each of the following:

(a) To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the academic boarding school is not required to use medical, psychological, or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The academic boarding school must have policies and procedures for this practice, which are reviewed and approved by the child in care's parent or legal guardian.

(b) To provide care to the child in care.

(c) To allow access to a child in care as required in ORS 418.305 and OAR 419-400-0230 and 419-400-0240.

(2) The academic boarding school will make any written policy or procedure pertaining to program services available for review by the child, parent, or legal guardian, upon request.

(3) Authorizations. Authorizations must be pre-approved by the child in care's parent or legal guardian to allow children to participate in potentially hazardous activities, including, but not limited to, using motorized yard equipment, swimming, and horseback riding.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• OTIS 23-2023, minor correction filed 01/25/2023, effective 01/25/2023
• CWP 26-2022, renumbered from 413-215-0271, filed 11/28/2022, effective 12/01/2022
• CWP 101-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 30-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-410-0150 Academic Boarding Schools: Information about Children in Care

Files of Children in Care. For each child in care of an academic boarding school, the academic boarding school must maintain a record that includes all of the following information:

(1) The name, gender, and date of birth of the child in care.

(2) The date of admission to the program.

(3) The name, address, and telephone number of:

(a) The child in care's parents.

(b) The child in care's legal guardian, if different than the parents, and a copy of the document that provides for his or her authority over the child in care.

(4) Incident Reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child in care's record.

(5) Any required signed consents and authorizations.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0276, filed 11/28/2022, effective 12/01/2022
• CWP 102-2020, minor correction filed 01/16/2020, effective 01/16/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 30-2008, f. & cert. ef. 10-17-08

Division 420 ADOPTION AGENCIES

Or. Admin. R. 419-420-0010 Adoption Agencies: What Law Applies

These rules, OAR 419-420-0401 to 419-420-0160, regulate a child-caring agency licensed as an adoption agency. An adoption agency must also comply with OAR 419-400-0005 to 419-400-0310.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 34-2023, minor correction filed 02/02/2023, effective 02/02/2023
• CWP 26-2022, renumbered from 413-215-0401, filed 11/28/2022, effective 12/01/2022
• CWP 1-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-220-0090, CWP 32-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95

Or. Admin. R. 419-420-0020 Adoption Agencies: Information and Reporting Requirements of an Adoption Agency

(1) Public information.

(a) An adoption agency must provide to each person making an inquiry about adoption a written program statement that describes the services of the adoption agency and includes all of the following information:

(A) A description of the children normally placed by the adoption agency.

(B) Eligibility requirements for adoptive families.

(C) Timelines for intake screening and for being placed on a waiting list.

(D) A clear delineation of fees, charges, contributions, or donations required to obtain adoption services.

(E) The services provided during the adoption process.

(F) The geographical area covered by the adoption agency.

(b) The written and electronic materials of an adoption agency describing its adoption program must be accurate, must be reviewed regularly for accuracy, and must include the date the material was last updated.

(2) Cost disclosures. An adoption agency must provide the following information regarding the costs of an adoption:

(a) The adoption agency must provide all of the following information to all prospective adoptive parents:

(A) A written schedule of estimated fees and expenses.

(B) An explanation of the conditions under which estimated fees or expenses may be charged, waived, reduced, increased, or refunded.

(C) When, how, and to whom the estimated fees and expenses must be paid.

(b) Before providing an adoption service to a prospective adoptive parent, the adoption agency must itemize and disclose in writing to the parent the estimated fees and expenses the parent will be charged related to each of the following:

(A) A home study.

(B) The adoption agency fees in the United States.

(C) Other–country program expenses, if applicable.

(D) Translation and document expenses, if applicable.

(E) Travel and accommodation expenses, if applicable.

(F) Contributions.

(G) Post-placement and post-adoption reports.

(H) Likely charges of the U.S. Citizenship and Immigration Services (USCIS).

(I) Legal finalization or re-adoption expenses, if applicable

(c) The adoption agency must specify in its written adoption contract when and how funds advanced to cover fees or expenses will be refunded if adoption services are not provided.

(d) When the delivery of adoption services is completed, the adoption agency must provide the prospective adoptive parents, within 30 days following the completion of services, a detailed written accounting of the total fees and expenditures for which the adoptive parents will be charged by the adoption agency.

(3) Data collection requirements. An adoption agency must maintain in a standard and accessible format all of the following information and make it available on request:

(a) The number of adoption placements it completes each year for the prior three calendar years, and the number and percentage of those placements that remain intact, are disrupted, and have been dissolved as of the time the information is provided.

(b) The number of parents who apply with the adoption agency to adopt a child each year.

(c) The number of waiting children available for adoption that the adoption agency is attempting to place.

(4) Mandatory reporting of disruption and dissolution. The adoption agency must submit to the Department on a prescribed form a written report within 14 days after a disruption or dissolution is reported to the adoption agency if the adoption agency was involved in the study of the family, the placement of the child, or the supervision of the adoptive placement. As used in this rule, "dissolution" means the termination of an adoptive placement after finalization.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.310 & ORS 418.625
• CWP 26-2022, renumbered from 413-215-0411, filed 11/28/2022, effective 12/01/2022
• CWP 2-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-420-0030 Adoption Agencies: Adoption Agency Staff

In addition to meeting the requirements in OAR 419-400-0040(3):

(1) Required staff. An adoption agency must have an executive director and a social services supervisor. If one person fills both positions, that person must meet the qualifications of both the executive director and the social services supervisor listed in subsections (2)(a) and (b) of this rule.

(2) Qualifications.

(a) The executive director must possess all of the following qualifications:

(A) Management skills and abilities.

(B) A bachelor's degree from an accredited program.

(C) Two years of full-time experience in child social services.

(b) The social services supervisor must possess all of the following qualifications:

(A) A master's or doctorate degree from an accredited program in social work, psychology, guidance and counseling, or a similar subject area.

(B) Two years of experience in family and children's services, one year of which must include providing adoption services.

(C) If the agency provides intercountry adoption services, the supervisor must have experience in intercountry adoptions.

(c) An incumbent executive director or social services supervisor employed by the adoption agency prior to October 17, 2008:- of an adoption agency already licensed by the Department:- who does not meet the qualifications listed is subsections (a) and (b) of this section is deemed to meet those requirements if he or she had been in the position for at least three years, had significant skills and experience with the adoption process, and has access to consultation with persons having the qualifications listed in subsections (a) and (b) of this section, as applicable.

(d) Social services staff, who are non-supervisory employees providing adoption-related social services requiring the application of clinical skills and judgment, must possess:

(A) A master's degree from an accredited program of social work education or another human service field;

(B) A bachelor's degree from an accredited program of social work education; or

(C) A combination of a bachelor's degree in another human service field and experience in family and children's services or adoption.

(3) Supervision. All non-supervisory social services staff described in subsection (2)(d) of this rule must be supervised by an employee of the adoption agency who meets the requirements for social services supervisor set forth in subsection (2)(b) or (2)(c) of this rule.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.310 & ORS 418.625
• OTIS 33-2023, minor correction filed 02/02/2023, effective 02/02/2023
• CWP 26-2022, renumbered from 413-215-0416, filed 11/28/2022, effective 12/01/2022
• CWP 3-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-220-0040, CWP 32-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95

Or. Admin. R. 419-420-0040 Adoption Agencies: Staff Training Requirements

An adoption agency must meet all of the following requirements related to its staff:

(1) The adoption agency must have a comprehensive plan for providing basic training to newly hired social services employees on the issues that arise with adoptive placement.

(2) The adoption agency must ensure that all social services staff and contracted social services providers obtain a minimum of 10 hours of training annually on issues related to adoption.

(3) The adoption agency must ensure that all social services staff and all persons who provide adoption services complete training in all of the following areas:

(a) The potential short- and long-term effects of prenatal exposure to alcohol, drugs, and poor nutrition.

(b) The potential effects of separation and loss.

(c) The process of developing emotional ties to an adoptive family.

(d) Normal child and adolescent development.

(e) The potential effects of physical abuse, sexual abuse, neglect, and institutionalization on the development of the child.

(f) The potential issues of race, culture, and identity; issues of acculturation and assimilation; and, if applicable, the effects of having been adopted internationally.

(g) The emotional adjustment of adopted children and their families.

(h) Open adoption.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0421, filed 11/28/2022, effective 12/01/2022
• CWP 4-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-420-0050 Policies and Procedures for Adoption Agencies

An adoption agency must have and follow written policies and procedures for the adoption services it provides including, at a minimum all of the following:

(1) Policies and procedures prescribing safeguards relating to the needs, rights, and responsibilities of the following:

(a) A birth parent who is considering the release of a child for adoption;

(b) A child who becomes available for adoption; and

(c) A family who adopts a child.

(2) Policies and procedures designed to ensure compliance by the adoption agency all applicable federal and state laws, including, but not limited to:

(a) A written policy for compliance with the ICWA and OAR chapter 413, division 115, if applicable.

(b) The Interstate Compact for Placement of Children (ICPC) (see ORS 417.200);

(c) Section 1808 of the Small Business Job Protection Act of 1996, Pub. L. No. 104-188, 110 Stat. 1903 (1996), amending 42 U.S.C. § 671;

(d) The Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub. L. No. 103-382, 108 Stat. 4056 (1994);

(e) The Intercountry Adoption Act of 2000, Pub. L. No. 106-279, 114 Stat. 825 (2000), 42 U.S.C. § § 14901 to 14954.

(f) ORS chapter 109.

(3) Policies and procedures designed to ensure that the decision to place a child in a specific home or to disrupt a placement is not made autonomously by a social services worker.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0426, filed 11/28/2022, effective 12/01/2022
• CWP 5-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
• CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
• CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-420-0060 Records Requirements for Adoptions

In addition to compliance with the records and documentation requirements of OAR 419-400-0140 and 419-420-0110:

(1) Permanent record in a domestic adoption. An adoption agency must maintain a permanent record on each birth parent who has consented to and has surrendered a child to the adoption agency. Except as authorized by section (2) of this rule, the record must include all of the following documents or information:

(a) The date and place of the birth parent's initial inquiry with the adoption agency and the persons present when the inquiry was made.

(b) The date, place, and purpose of each subsequent contact between the adoption agency and the birth parent.

(c) Evidence that the following adoption agency forms were provided to the birth parent:

(A) Consent for Service;

(B) Receipt of Grievance Procedures;

(C) Clients' Rights and Responsibilities, including the notice required by ORS 109.346 when applicable; and

(D) Service Plan.

(d) Each alternative to adoption discussed with the birth parent.

(e) A description of each discussion relating to fees, expenses, or other consideration or thing of value relating to the adoption.

(f) The date, time, and place of birth of the child, the name and address of the hospital or birthing center if the child was born in one, and all pertinent prenatal information.

(g) The names, dates of birth, physical description of the birth parents at the time of the child's birth, including age, height, weight, and color of eyes, hair and skin.

(h) Personality traits of the child's birth parents, siblings, and members of the child's extended family.

(i) A medical history of the birth parents, siblings, and extended family of the child, including medical, mental, and emotional history, including the history of the use of drugs or alcohol, gynecologic and obstetric history of the birth mother, and a record of inheritable genetic or physical traits or tendencies of the birth parents or their families.

(j) The ethnicity of the child's birth parents and the members of the child's extended family.

(k) Documentation of the efforts of the adoption agency to determine whether the child is an Indian child, whether the ICWA applies, and if it applies, documentation demonstrating compliance with the ICWA.

(l) The religious background of the child's birth parents and the members of the birth parents' extended family.

(m) The educational level and functioning, employment history, criminal history, and social and emotional functioning of the birth parents, siblings, and the members of their extended family.

(n) A notation that identifies the adoptive parents sufficient to cross-reference the file of the adoption agency on the adoptive parents.

(o) A copy of the placement agreement.

(p) Post-adoption communication agreements.

(q) Details about any termination of parental rights.

(r) A copy of the general judgment of adoption.

(s) Copies of any documents signed by the birth parent.

(2) If the adoption agency is unable to include in the permanent record a document or information required by subsections (1)(f) to (1)(m) of this rule, the adoption agency must include in the record a description of its reasonable effort to obtain the document or information.

(3) Preservation and retention of adoption records for adoptions. An adoption agency giving legal consent to the adoption of a child must permanently retain, to the extent allowed by law, the records concerning the child's adoption, as follows:

(a) The record must include all of the following:

(A) Adoptive parent orientation documentation.

(B) Evaluation documentation of both the birth and adoptive parents.

(C) Placement documentation.

(D) Post-placement supervision documentation.

(E) Originals of photographs, letters, and other personal items provided by the child's birth family.

(b) The adoption agency must store the records in fire-retardant, locked files kept in a secure location.

(c) If more than one adoption agency is involved in an adoption, the adoption agency that placed the child must preserve the permanent case record.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.310 & ORS 109.342
• OTIS 32-2023, minor correction filed 02/02/2023, effective 02/02/2023
• CWP 26-2022, renumbered from 413-215-0431, filed 11/28/2022, effective 12/01/2022
• CWP 6-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
• CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
• CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-420-0070 Adoption Agencies: Services Prohibited

An adoption agency may not guarantee or represent to prospective adoptive parents that a particular child will be placed in their home for payment of a fee.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.310 & ORS 109.342
• CWP 26-2022, renumbered from 413-215-0436, filed 11/28/2022, effective 12/01/2022
• CWP 7-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-420-0080 Services for Birth Parents Considering Domestic Adoption

(1) If an adoption agency is serving a birth parent who is considering the adoption of his or her child:

(a) The adoption agency must provide the services described in these rules, OAR 419-420-0010 to 419-420-0160.

(b) If the adoption agency is serving a birth parent who lives in a state other than Oregon, the adoption agency must make the services described in these rules (OAR 419-420-0010 to 419-420-0160) available to the birth parent in the state of residence of the birth parent.

(2) Information.

(a) The adoption agency must make reasonable efforts to provide information described in subsection (2)(c) of this rule to each legal parent.

(b) The adoption agency must make reasonable efforts to provide information described in subsection (2)(c) of this rule to a putative father if:

(A) The putative father resided with the child within 60 days of the court proceeding about the adoption or custody of the child;

(B) The putative father repeatedly contributed or tried to contribute to the support of the child within 12 months of the court proceeding about the adoption or custody of the child; or

(C) There is a notice of initiation of filiation proceedings on file with the Center for Health Statistics of the Department prior to the initiation of either a court proceeding about the adoption or custody of the child, or the placement of the child in the physical custody of a person for the purpose of adoption by them. There is no requirement to provide information under this paragraph if the notice of initiation of filiation proceedings was not on file at the time of placement.

(c) The adoption agency must provide all of the following information to the persons identified in subsections (2)(a) and (2)(b) this section:

(A) Information regarding support and resources needed to parent a child.

(B) Information regarding options within adoption and the consequences of each option, including the possibility of a birth parent continuing contact with the adopted child and the adopting parents after adoption, the variables and options for such continuing contact, the desire of the child for continuing contact, and the availability of mediation to resolve issues involving contact.

(C) Information regarding grief and loss inherent in adoption.

(D) Information regarding the effects and permanence of adoption.

(E) Information regarding availability of or referral to appropriate support services. The availability of these services may not be made contingent upon the birth parent's decision to select adoption as the plan for the child.

(3) The adoption agency must provide guidance if a child's birth parents disagree with each other about the adoption plan.

(4) Identification of birth fathers. If the adoption agency is working with a birth mother, the adoption agency must ensure all of the following:

(a) The adoption agency asks the birth mother for the identity and whereabouts of the birth father.

(b) The adoption agency does not counsel or advise a birth mother to state that the identity or location of the father is unknown.

(c) If the birth mother indicates that the identity or location of the father is unknown, or if the birth mother refuses to identify the birth father, the adoption agency advises her of the potential ramifications of her knowing failure to provide the information.

(d) The adoption agency must contact the Center for Health Statistics of the Department within a reasonable period of time prior to placement to determine whether the child's legal or putative father can be identified.

(e) The adoption file of the adoption agency includes all reported information about the legal or putative father, even if his identity or location is unknown to the mother.

(5) Disclosures prior to placement:

(a) Potential disclosure of parental identity. The adoption agency must tell each birth parent who is contemplating making their child available for adoption that information related to their identities may subsequently be disclosed to the child in accordance with Oregon law.

(b) Voluntary adoption registry. As required by ORS 109.353, the adoption agency must inform each birth parent of the voluntary adoption registry established under ORS 109.450.

(c) Adoption–related counseling for birth parents. As required by ORS 109.346, the adoption agency must provide notice to each birth parent consenting to an adoption regarding his or her right to adoption-related counseling.

(6) Consent and surrender. The adoption agency may accept the voluntary consent and surrender of a child after taking all of the following actions:

(a) Providing to each birth parent full and accurate information, and the opportunity to discuss the consequences of the documents they are signing.

(b) Discussing with each birth parent the circumstances leading to the decision to choose adoption.

(c) Informing each birth parent of their right to their own legal counsel at their own expense.

(d) Providing each birth parent with written information to assist them in understanding the changes that result from adoption in their parental legal rights, obligations, and responsibilities, including potential ramifications of post-placement establishment of paternity.

(e) After the birth of the child, reassessing the birth mother's ability to understand the consequences of her decision to sign a consent and surrender document. This assessment must include consideration of her emotional state and current influence of medication.

(f) In the case of an Indian child, informing the parents that if no different order of preference has been established by the child's tribe for adoptive placement, the adoption agency must, in the absence of the court's determination that good cause to the contrary exists, give preference to placing the child with a member of the child's extended family, other members of the Indian child's tribe, or other Indian families, pursuant to the ICWA.

(g) Informing the birth parent that the adoption agency cannot honor a request of the birth parent to place the child with a family based solely on preferred race, color, or national origin. However, if the child is an Indian child, the licensed agency must follow the ICWA.

(7) Documents. The adoption agency must provide a copy of all documents signed by the birth parents to the birth parents at the time they sign a consent and surrender document.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.310, ORS 109.346, ORS 109.353 & ORS 109.096
• OTIS 31-2023, minor correction filed 02/02/2023, effective 02/02/2023
• CWP 26-2022, renumbered from 413-215-0441, filed 11/28/2022, effective 12/01/2022
• CWP 8-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
• CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
• CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-220-0050, CWP 32-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95

Or. Admin. R. 419-420-0090 Adoption Agencies: Adoptive Family Recruitment and Screening

An adoption agency must have a recruitment and screening process that meets all of the following standards:

(1) The adoption agency must have an ongoing recruitment program to ensure an adequate number of suitable adoptive families are identified for the types of children identified in the program statement of the adoption agency.

(2) Orientation. The adoption agency must provide orientation for the adoptive family before the adoption agency approves the home study. The orientation must include the following information:

(a) The adoption program, policies, and procedures of the adoption agency.

(b) The needs and characteristics of children available for adoption.

(c) Attachment, separation, and loss issues for children and families.

(d) The importance of cultural and ethnic identity to the child and ways to foster these identities.

(e) The effects of adoption on the child and family.

(f) The adoption process.

(g) Rights and responsibilities of the adoptive family and adoption agency.

(h) Information on the potential risks and challenges inherent in adoption.

(i) Pre-placement, placement, and post-legal adoption services and resources available to the adoptive family.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0446, filed 11/28/2022, effective 12/01/2022
• CWP 9-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-420-0100 Adoption Agencies: Adoptive Home Requirements

(1) Home study. Before an adoption agency approves a family for an adoptive placement and before referring or placing a child with a family for the purpose of adoption, a social services worker must complete a written home study of the adoptive family. The home study must include all of the following:

(a) An individual interview with each applicant parent as well as with each member of the applicants' household, as applicable.

(b) If the applicants are married or are a cohabiting couple, an additional, joint interview with the couple.

(c) An on-site evaluation of the applicants' home to determine whether the home is in full compliance with the safety standards identified in the Safety Checklist (CF 979).

(2) Written home study. The home study required by section (1) of this rule must include all of the following information:

(a) The dates and places in which applicant parent and household members were interviewed or observed.

(b) The identity of each child to be considered for placement, if known.

(c) The applicants' motivation for adoption.

(d) The family's plan for honoring the child's ethnic and cultural heritage.

(e) Education or training needs of the adoptive parents, including education and training for children having special needs.

(f) The applicants' need for support services and description of current support system.

(g) Life experiences and challenges of the applicants.

(h) Marriage status or relationship of the applicants.

(i) The names and ages of the applicants' children in the home.

(j) The names and ages of the applicants' children not living in the home.

(k) The applicants' parenting skills and values.

(l) The applicants' lifestyle.

(m) The applicants' home and community.

(n) The applicants' health.

(o) The applicants' religion or spiritual beliefs, as applicable.

(p) The applicants' employment and finances.

(q) Safety information and safety issues discussed with the applicants.

(r) Minimum of four references not related to the applicants.

(s) Comply with the Department's background check rules at OAR 407-007-0200 to 407-007-0370.

(t) Signed release of information to determine if the applicant has been denied or revoked certification with another adoption agency or by the Department.

(u) Criminal history check and a child abuse and neglect history from every state in which the individual has lived within the preceding five years for each member of the household age 18 or older. Checks are also required for a household member under the age of 18 if there is reason to believe that the household member may pose a safety threat to children placed in the home.

(v) Documentation that a child abuse and neglect history was requested from any other country in which a member of the household age 18 or older has lived within the preceding five years, and the response if any.

(w) An assessment of all the information gathered regarding the adoptive applicants and any recommendations.

(x) Signed approval or denial by a social services supervisor to use the home for adoption.

(3) Home study requirements.

(a) An adoption agency may not complete a home study until the prospective adoptive parents have received at least six hours of the pre-adoptive training and education required by OAR 419-420-0110.

(b) An adoptive home study is valid for a maximum of two years from the date of completion, providing significant changes have not occurred in the applicants' household.

(c) If significant changes occur in the applicants' household after the completion of the home study, but before the adoption is finalized, the adoption agency must complete an update of the home study.

(d) Once the adoption is finalized, the adoption agency must complete a new home study each time the family seeks to adopt another child.

(4) Certificate of approval. The adoption agency must issue a written document certifying the approval or disapproval of the applicants as potential adoptive parents.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.205-418.327 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 30-2023, minor correction filed 02/02/2023, effective 02/02/2023
• CWP 26-2022, renumbered from 413-215-0451, filed 11/28/2022, effective 12/01/2022
• CWP 10-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-420-0110 Adoption Agencies: Information, Education, and Training for Adoptive Parents

An adoption agency must meet all of the following requirements related to information, education, and training for adoptive parents:

(1) Adoptive parent training. The adoption agency must document that it has provided the prospective adoptive parents a minimum of 10 hours of comprehensive orientation and training, independent of the home study, that covers all of the following:

(a) The possible short- and long-term effects of prenatal exposure to alcohol, drugs, and poor nutrition.

(b) The effects of separation and loss.

(c) The process of developing emotional ties to an adoptive family.

(d) Normal child and adolescent development.

(e) What research indicates about the potential effect on a child's development of physical abuse, sexual abuse, neglect, institutionalization, and multiple caregivers.

(f) Issues related to race, culture, and identity.

(g) Acculturation, assimilation, and, if applicable, the effects of having been adopted internationally.

(h) Emotional adjustment of adopted children and their families, including attachment and psychological issues of adopted children who have experienced abuse, neglect, or trauma.

(i) In the case of an intercountry adoption, the process involved in an intercountry adoption and the general characteristics and needs of children awaiting intercountry adoption.

(2) Individual preparation. The adoption agency must document reasonable efforts to prepare prospective parents for the adoption of each child under consideration before the earliest of the following:

(a) The child is placed with them.

(b) Travel to the child's country for the purpose of adoption.

(3) Methods of training.

(a) The adoption agency must provide the required training using appropriate methods, such as:

(A) Collaboration among agencies or persons to share resources to meet the training needs of parents;

(B) Group seminars offered by the adoption agency or others who provide training;

(C) Individual counseling sessions;

(D) Video, computer-assisted, or distance learning methods using standardized curricula.

(b) If the training cannot otherwise be provided, the adoption agency may allow the prospective adoptive family to complete an independent study that includes a system for evaluating the thoroughness of the subjects covered.

(4) Information and disclosures.

(a) The adoption agency must give the adoptive family detailed written information covering the following subjects:

(A) Resources for financial support, including tax credit, employee adoption benefit programs, and other financial assistance.

(B) Medical assistance availability, as applicable.

(C) Support services available to the family and the adoptive child, including adoptive family support groups, educational workshops and conferences, individual and family counseling, mental health services, and respite care.

(D) Information identifying each organization or individual who will be involved in the proposed placement, including whether the organization or individual will derive a fee or other consideration from a source other than the client in connection with the adoption.

(E) In domestic adoptions only, the potential ramifications of a failure of the birth father to sign the consent and surrender documents.

(b) If a child qualifies for adoption assistance through the department's Adoption Assistance Program, the adoption agency must assist the prospective adoptive parents in getting approvals or agreements in a timely manner, prior to adoption finalization.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0456, filed 11/28/2022, effective 12/01/2022
• CWP 11-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-220-0070, CWP 32-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95

Or. Admin. R. 419-420-0120 Adoption Agencies: Evaluation and Selection of Adoptive Family

An adoption agency must meet all of the following requirements regarding the placement of a child:

(1) Pre-placement evaluation. A social services worker must review the record, evaluate, and document all of the following factors before making a placement with an adoptive family:

(a) Physical, emotional, social, behavioral, educational, and other individual needs of the child.

(b) The child's need for continued contact with siblings, relatives, foster parents, and other persons significant to the child.

(c) The ability and willingness of the prospective adoptive parents to accept the general and specific risks and challenges inherent in the placement being considered.

(2) Placement requirements. For the placement of a child, the adoption agency must select an adoptive family who is approved by an adoption agency, consistent with the needs of the child and the recommendations in the pre-placement evaluation.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0461, filed 11/28/2022, effective 12/01/2022
• CWP 12-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-420-0130 Adoption Agencies: Domestic Adoptive Placement Requirements

An adoption agency must meet all of the following requirements related to a domestic placement:

(1) Pre-placement visit. The adoption agency must develop a written transition plan based on the developmental needs and best interests of the child. The plan must include provisions for pre-placement visits with the prospective adoptive family.

(2) Placement agreement documents. Before placing the child in a home, the adoption agency must have a written agreement with the pre-adoptive parents. A signed copy of this agreement must be given to the pre-adoptive parents and a copy must be placed in the case record. The agreement must specify the following, if appropriate:

(a) That the pre-adoptive parents agree to legally finalize the adoption in a time frame that is based on the best interests of the child;

(b) That the adoption agency will provide the documents necessary for finalizing the adoption in a time frame that is based on the best interests of the child;

(c) That the pre-adoptive parents agree to participate in supervision by the adoption agency, based on the best interests of the child, during the time prior to finalization of the adoption;

(d) That the pre-adoptive parents agree to provide written notification to the adoption agency prior to each of the following:

(A) A change of residency.

(B) The removal of the child from the state for more than 72 hours.

(C) Placement of the child in the care of another person for more than 72 hours.

(e) That the adoption agency will arrange for supervision in accordance with the Interstate Compact for Placement of Children if the adoptive family moves to another state.

(f) The plan must address all of the following subjects, based on the best interests of the child, in the event of a disruption:

(A) Who has responsibility for providing care and the cost of care.

(B) Financial arrangements to ensure transfer of custody when necessary.

(C) For intercountry adoptions only, whether the child is to remain in the country of placement and how the authorities in the originating country will be notified of the disruption.

(3) Medical consent form. At the time of the child's placement in the adoptive home, the adoption agency must give the adoptive parents a signed medical consent form authorizing medical care of the child.

(4) Child and birth parent information. Before placing a child with a family, the adoption agency must make reasonable efforts to discuss with the adoptive parents and provide them in writing all available information about the child and his or her birth parents, including, but not limited to:

(a) Medical data.

(b) Information about genetic, congenital, or pre-existing conditions.

(c) Information on the child's physical, emotional, and behavioral functioning and adjustment

(d) Pertinent information regarding the birth parents, excluding identity.

(e) Information about disabilities and their implications, including information from diagnosticians and, if applicable, appropriate therapists.

(5) The adoption agency may not withhold or misrepresent information, nor may it misrepresent the implications of child information. The adoption agency and its agents must provide to prospective adoptive parents, in accordance with these rules (OAR 419-420-0010 to 419-420-0160), all information obtained about the child.

(6) Post-placement supervision. The adoption agency is responsible for the child until the court has entered the general judgment of adoption. After the child is placed, the adoption agency must provide and document supervision of the home by a social services worker, including all of the following:

(a) A home visit with the family within the first 30 days following placement to establish a helping post-placement relationship. The frequency of contacts, including home visits, office visits, telephone calls, and e-mail, is dependent on the child's age and special needs, and the family's adjustment to the child.

(b) Any change in the adoptive family relating to health, finances, or composition that could affect the child.

(c) Providing to the adoptive parents any medical information on a child's birth family received by the adoption agency after the child was placed for adoption.

(d) If the placement appears likely to disrupt, the adoption agency must document its efforts to:

(A) Provide counseling services to preserve the placement; and

(B) Provide or arrange for replacement services, including foster care if needed, if disruption occurs.

(7) Post-legalization services. The adoption agency must make adoption services available to birth parents, adoptive parents, and adopted children after the adoption is finalized. The adoption agency must provide or inform the adoptive parents how to obtain information regarding all of the following:

(a) Counseling services.

(b) Crisis intervention.

(c) Respite care.

(d) Specialized support groups.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 29-2023, minor correction filed 02/02/2023, effective 02/02/2023
• CWP 26-2022, renumbered from 413-215-0466, filed 11/28/2022, effective 12/01/2022
• CWP 13-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-420-0140 Adoption Agencies: Adoption Finalization Requirements

(1) For the legal finalization of an adoption, an adoption agency must prepare and promptly provide to the adoptive family or the family's attorney all documents required for filing with the court.

(2) After consenting to the adoption of a minor child, an adoption agency must promptly file with the appropriate court all required documents that are available.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0471, filed 11/28/2022, effective 12/01/2022
• CWP 14-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-220-0080, CWP 32-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95

Or. Admin. R. 419-420-0150 Adoption Agencies: Intercountry Adoptions

In addition to the requirements for adoption agencies in OAR 419-420-0010 to 419-420-0160 other than OAR 419-420-0060(1) - (2), 419-420-0080, 419-420-0110(4)(a)(E), and 419-420-0130, an adoption agency approved to provide intercountry adoptions must meet all of the following standards with regard to intercountry adoptions:

(1) Compliance with foreign law.

(a) The adoption agency must comply with the laws and regulations of the sending country.

(b) The adoption agency must make reasonable efforts to learn and understand legal and procedural adoption requirements in the sending country.

(c) The adoption agency must establish written policies and procedures designed to fulfill and comply with the legal requirements, adoption laws, and adoption procedures of the sending country.

(d) The adoption agency must train its employees and volunteers about the adoption laws and procedures of the sending country.

(2) Compliance by foreign representatives. If the adoption agency uses an organization or person in the foreign country to facilitate adoption services within the foreign country, the adoption agency must make reasonable efforts to see that the organization or person meets all of the following requirements:

(a) Fully complies with all adoption and other laws and procedures of the sending country.

(b) Is licensed or otherwise authorized to provide the contemplated adoption services within the sending country.

(c) Does not engage in practices that are not in the best interests of the child or that encourage or facilitate the sale, abduction, exploitation, or trafficking of children.

(d) Does not have a pattern of licensing suspensions or other sanctions within the foreign country and has not lost the right to provide adoption services in any jurisdiction for reasons associated with unlawful or unethical service.

(e) Provides full disclosure to the adoption agency regarding any suspension, debarment, sanction, criminal charge, or disciplinary action against the organization or person, or any person serving with the organization, related to adoption services or financial dealings within the past 10 years.

(f) Provides full disclosure to the adoption agency of business activities performed by or engaged in by employees or affiliates of the foreign representative that are inconsistent with the principles of these rules or the Intercountry Adoption Act of 2000, 42 U.S.C. 14901 to 14954.

(3) Pre-placement determination of compliance. Before a child can be placed for adoption, the adoption agency must determine that the adoption service or person authorized by the sending country has certified that:

(a) The child is qualified for adoption and is in the permanent custody of an authorized organization or person in the sending country.

(b) The authorized service or person has obtained proof from a competent authority in the child's country of origin that the necessary consents to the child's adoption have been obtained and that the necessary determination has been made that the prospective placement is in the best interests of the child.

(c) The child has the proper emigration and immigration permits.

(d) The authorized service or person has the child's social and medical history or, if either is not available, has documented adequate reasons why the adoption agency was not able to obtain the information.

(4) Child information requirements. The adoption agency must use reasonable efforts, or require the authorized organization or person in the child's country of origin to make reasonable efforts, to obtain and provide all available information concerning a child referred for adoption, if known to the adoption agency or foreign representative, including the all of following:

(a) The date an authorized authority in the sending country took custody of the child and the reasons why the child is in custody.

(b) Information concerning the child's history, including a chronology showing the persons and institutions that have had custody of and cared for the child, the nature of care provided, and the reasons for transferring custody.

(c) Information concerning the child's immediate family, including current status and location of the birth parents and siblings of the child; history of abuse, neglect, or mistreatment of the child; history of alcohol and drug abuse by the birth parents; hereditary conditions; and other risk factors.

(d) Information concerning the child's cultural, racial, religious, ethnic, and linguistic background.

(e) The child's medical information, including all of the following:

(A) All medical records, including both summaries or compilations of medical records and original records.

(B) Information resulting from medical examinations of the child.

(C) A history of significant illnesses or medical events, hospitalizations, and changes in the child's condition, growth data, and developmental status at the time of the child's referral for adoption.

(f) Videotapes and photographs of the child, identified by the date on which the videotape or photograph was recorded or taken.

(g) Specific information regarding health risks in the specific region or country where the child resides.

(5) An adoption agency must provide the information described in section (4) of this rule to prospective adoptive parents regarding a child referred for adoption as follows:

(a) The information must be provided at least two weeks before the earliest of the following:

(A) The adoption or placement for adoption.

(B) The date on which the prospective adoptive parents travel to the sending country to complete procedures relating to the adoption.

(b) To the extent the matter is within its control, the adoption agency may not withdraw the referral of a child until the prospective adoptive parents have had at least one week to consider the needs of the child and their ability to meet those needs, and to obtain medical review of child information. The adoption agency may withdraw the referral earlier if the best interests of the child require a more expedited decision.

(c) The information must be provided in both the original language, if available, and in English. The adoption agency must do nothing to discourage prospective adoptive parents from obtaining their own translation of the information.

(6) An adoption agency must document in its adoption file all of the following:

(a) The efforts of the adoption agency to obtain the information.

(b) Reasons why the adoption agency was not able to obtain the information, if applicable.

(c) All communications made with prospective adoptive parents regarding the information, including contents of, dates, and the manner in which the information was provided to the prospective adoptive parents.

(7) With regard to post-placement and post-legalization requirements and services, an adoption agency must meet all of the following requirements:

(a) The adoption agency must take all appropriate measures to ensure that the transfer of the child takes place in secure and appropriate circumstances, with properly trained and qualified escorts, if used, and, if practicable, in the company of the adoptive parents.

(b) Until the adoption is finalized, the adoption agency must provide post-placement reports on a child to the sending country when required by the sending country. When such reports are required, the adoption agency:

(A) Must inform the prospective adoptive parents of the requirement prior to the referral of the child for adoption; and

(B) Must inform the prospective adoptive parents that they will be required to provide all necessary information for the reports.

(c) For children sent to the United States, in addition to post-placement reports required by the sending country, the adoption agency must require at least one home visit with all persons living in the adoptive home between one and four months after the child's arrival in the United States. Home visits must be documented in a post-placement report that includes all of the following issues:

(A) The status and adjustment of each child in the adoptive home.

(B) The status and adjustment of the prospective adoptive parents and other adoptive family members to each child placed in the home.

(C) A summary of the information obtained concerning the birth parents and the available social, medical, and genetic history of each child placed in the home.

(d) If an adoption or re-adoption is sought in Oregon, the original post-placement report, along with recommendations, must be filed by the adoption agency with the court and a copy forwarded to the department.

(e) The adoption agency must inform the prospective adoptive parents of other available post-placement services and resources, including all of the following:

(A) Additional home visits, office visits, telephone conferences, and other contacts with the personnel of the adoption agency.

(B) Other professionals, organizations, and groups that provide support and information for adoptive parents of children adopted internationally.

(f) When an adoption is not finalized in the sending country, the adoption agency must meet all of the following requirements:

(A) Monitor and supervise the placement to ensure that the placement remains in the best interests of the child.

(B) Inform prospective adoptive parents of the importance of finalizing the adoption in the United States and contractually require the prospective adoptive parents to finalize the adoption in the United States within a specified period after receiving the consent of the adoption agency for adoption.

(C) Advise adoptive parents regarding the means of obtaining proof of citizenship for the child and the process for obtaining a social security number.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 28-2023, minor correction filed 02/02/2023, effective 02/02/2023
• CWP 26-2022, renumbered from 413-215-0476, filed 11/28/2022, effective 12/01/2022
• CWP 15-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-220-0100, CWP 32-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95

Or. Admin. R. 419-420-0160 Adoption Agencies: Services to Children from the United States Placed in Other Countries

Before making a plan to place a child from the United States with non-relative citizens of another country, an adoption agency must make reasonable efforts to actively recruit and make a diligent search for prospective adoptive parents in the United States..

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0481, filed 11/28/2022, effective 12/01/2022
• CWP 16-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 32-2008, f. & cert. ef. 10-17-08

Division 430 DAY TREATMENT AGENCIES

Or. Admin. R. 419-430-0010 Day Treatment Agencies: What Law Applies

(1) These rules, OAR 419-430-0010 to 419-430-0110, regulate a child caring agency that provides day treatment services. A day treatment agency must:

(a) Comply with OAR 419-400-0005 to 419-400-0310 and OAR 419-430-0010 to 419-430-0110; and

(b) Comply with all requirements in OAR chapter 309, division 22 applicable to providers of psychiatric day treatment.

(2) OAR 419-430-0010 to 419-430-0110 do not apply to a program that provides residential care under OAR 419-470-0010 to 419-470-0180, an academic boarding school (OAR 419-410-0010 to 419-410-0150), or a therapeutic boarding school (OAR 419-490-0010 to 419-490-0170.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.215 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 62-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0801, filed 11/28/2022, effective 12/01/2022
• CWP 56-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0020 Day Treatment Agencies: Staff Qualifications and Minimum Staffing Requirements

(1) A day treatment agency must utilize teachers licensed in accordance with the requirements of the Teachers Standards and Practices Commission.

(2) A qualified clinical supervisor must direct the clinical program and supervise clinical staff.

(3) A day treatment agency must employ mental health service delivery staff who meet the qualifications described at OAR 309-022-0125.

(4) A day treatment agency must have sufficient Qualified Mental Health Professionals (QMHP) and other staff on duty to meet the severity and acuity of children in care served by the day treatment agency. In no case may the ratio of children to QMHP on duty be more than 12 children for each QMHP.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0811, filed 11/28/2022, effective 12/01/2022
• CWP 57-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0030 Day Treatment Agencies: Physical Plant Requirements

A day treatment agency must meet all of the following requirements:

(1) All buildings owned, maintained, or operated by the day treatment agency to provide services to children must meet all applicable state and local building, electrical, plumbing, and zoning codes.

(2) All areas of the facility must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing, and electrical systems must be functional and in good repair.

(3) Each room used by children in care must have floors, walls, and ceilings which meet the interior finish requirements of the applicable Oregon Structural Specialty Code (see the current version of OAR 837-040-0140) and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020) and be free of harmful drafts, odors, and excessive noise.

(4) Each room used by children in care must be adequate in size and arrangement for the purpose in which it is used.

(5) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout the facility.

(6) Water systems serving the property must be installed and maintained in compliance with the applicable Oregon Health Authority Public Health Division drinking water regulations (OAR chapter 333).

(7) Heat and ventilation.

(a) Buildings must be ventilated by natural or mechanical means and must be free of excessive heat, condensation, and obnoxious odors.

(b) Room temperature must be maintained within a normal comfort range.

(8) Individual Rooms.

(a) Restrooms must be provided and be conveniently located, and must have:

(A) A minimum of one toilet for every 15 children in care.

(B) One hand-washing sink with mixing faucets for every two toilets. The sink may not be used for the preparation of food or drinks or for dish washing.

(C) Hot and cold running water, soap, and paper towels at each hand washing sink or other hand drying options approved by an environmental health specialist.

(D) Arrangements for individual privacy for children in care.

(E) Permanently wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(F) A window covering on each window to ensure privacy.

(G) A mirror, permanently affixed at eye level.

(H) Adequate ventilation.

(I) Each self-closing metered faucet, if provided, must provide water flow for at least 15 seconds without the need to reactivate the faucet.

(b) Laundry facilities, when provided, must be separate from:

(A) Kitchen and dining areas; and

(B) Areas used for the storage of unrefrigerated perishable food.

(c) Storage areas must be provided appropriate to the size of the facility. Separate storage areas must be provided for:

(A) Food, kitchen supplies, and utensils.

(B) Clean linens.

(C) Soiled linens and clothing.

(D) Cleaning compounds equipment.

(E) Poisons, chemicals, pest control products, insecticides, and other toxic materials, which must be properly labeled, stored in the original container, and kept in a locked storage area.

(F) Outdoor recreational and maintenance equipment.

(d) Food service areas.

(A) Kitchens must have facilities for dish washing, storage, and preparation of food and must be separate from child-caring areas.

(B) The walls, floors, and floor coverings of all rooms in which food or drink is prepared or stored or in which utensils are washed or stored must be smooth, washable, and easily cleanable.

(C) All equipment and utensils used for food service, including plastic ware and food-contact surfaces, must be easily cleanable, durable, nontoxic, and non-absorbent and must be maintained in a clean and sanitary condition.

(D) All equipment used for food preparation must be installed and maintained in a manner providing ease of cleaning beneath, around, and behind each unit.

(e) Classrooms and school buildings must be adequate in size and arrangement for the programs offered.

(f) Time-out rooms. Rooms used for time out or quiet time must have adequate space, heat, light, and ventilation and must not be capable of locking.

(g) A usable recreational activity area must be provided that is protected from motor traffic and other hazards, of a size and availability appropriate to the age and the needs of the children in care served by the day treatment agency.

(9) Furnishings and personal items.

(a) A day treatment agency must provide appropriate furniture for a learning environment.

(b) Each child in care must have a storage area available, such as a locker or other separate space to store personal items.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0816, filed 11/28/2022, effective 12/01/2022
• CWP 58-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0040 Day Treatment Agencies: Building Plans for New Facility or Remodel

A day treatment agency must meet all of the following requirements:

(1) A set of plans and specifications for each day treatment facility operated by the day treatment agency must be submitted to the Department and to the State Fire Marshal for approval:

(a) Prior to construction of a new building;

(b) Prior to construction of an addition to an existing building;

(c) Prior to the remodeling, modification, or conversion of a building; and

(d) In support of an application for initial license of a day treatment agency not previously licensed under OAR 419-430-0020 to 419-430-0110.

(2) The required plans must comply with both current Oregon Structural Specialty Codes (see OAR 837-040-0140) and local fire and safety codes.

(3) Plans must be drawn to scale and must specify the estimated date upon which construction, modification, or conversion will be completed.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 63-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0821, filed 11/28/2022, effective 12/01/2022
• CWP 59-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0050 Day Treatment Agencies: Environmental Health

A day treatment agency must meet all of the following requirements:

(1) The program of the day treatment agency must maintain an environment that ensures safety for program staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0826, filed 11/28/2022, effective 12/01/2022
• CWP 60-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0060 Day Treatment Agencies: Food Services

A day treatment agency must meet all of the following requirements related to food services:

(1) Nutrition and dietary requirements.

(a) A day treatment agency must arrange meals daily, consistent with normal mealtimes that occur during hours of operation.

(b) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each child at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the facility record for at least six months.

(c) Drinking water must be freely available to the children in care served by the day treatment agency.

(2) Food selection, storage, and preparation.

(a) All food and drink provided by the agency must be stored, prepared, and served in a sanitary manner.

(b) All employees who handle food served to children in care must have a valid food handler's card pursuant to ORS 624.570.

(c) Selection of food. All food products served by a day treatment agency must be obtained from commercial suppliers, except that:

(A) Fresh fruits and vegetables and fruits or vegetables frozen by the day treatment agency may be served.

(B) The serving of unpasteurized juice is prohibited.

(d) Requirements related to milk.

(A) Only Grade A pasteurized and fortified milk may be served to children in care.

(B) Milk and fluid milk products must be dispensed from a commercially filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or Oregon Department of Agriculture.

(e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the day treatment agency.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0831, filed 11/28/2022, effective 12/01/2022
• CWP 61-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0070 Day Treatment Agencies: Safety

A day treatment agency must meet all of the following requirements related to safety.

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The day treatment agency must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020).

(b) The day treatment agency must comply with existing state and local fire safety codes.

(2) Emergency plan.

(a) The day treatment agency must have, for each facility it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency.

(B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency.

(b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones.

(c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(3) Evacuation drills.

(a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the day treatment agency must document the following information and retain it for a minimum of two years:

(A) Identity of the person conducting the drill.

(B) Date and time of the drill.

(C) Notification method used.

(D) Staff members on duty and participating.

(E) Number of children in care and staff evacuated.

(F) Special conditions simulated.

(G) Problems encountered.

(H) Time required to accomplish complete evacuation.

(b) The day treatment agency must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0836, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0080 Day Treatment Agencies: Health Services

A day treatment agency must provide oversight of the clinical aspects of health care provided to children in care and must provide psychiatric on-call consultation at all times.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0841, filed 11/28/2022, effective 12/01/2022
• CWP 62-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0090 Day Treatment Agencies: Medication

A day treatment agency must comply with all of the following requirements:

(1) Policy and procedures. The day treatment agency must have policies and procedures that cover prescriptions, herbal remedies, and all non-prescription medications that address all of the following:

(a) How the medication will be administered.

(b) By whom the medication will be administered.

(c) How the staff of the day treatment agency who administer medication will be trained.

(d) How the administration of medication will be documented.

(e) How the administration of medication will be monitored.

(f) How unused medication will be disposed of.

(g) The process that ensures that each child in care's prescription and non-prescription medications are reviewed, unless the medications are all provided through a single pharmacy. As used in this rule, "non prescription medication" means any medication that does not require a written prescription for purchase or dispensing.

(2) A prescription, signed by a physician or other qualified medical professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medications prescribed for one child in care may not be administered to, or self-administered by another child in care or staff. As used in this rule "self-administration" refers to the act of a resident placing a medication internally in, or externally on, his or her own body.

(3) A written order, signed by a physician or other qualified medical professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity.

(4) Before a day treatment agency permits a child in care to self-administer prescription medication, self-administration must be recommended by the day treatment agency, approved in writing by a physician, and closely monitored by the child in care's guardian or the staff of the day treatment agency.

(5) Medication storage.

(a) Prescription medications that are unused and any medications that are outdated or recalled may not be maintained in the facility. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

(b) The facility may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications must be contained in locked storage in the facility and must be kept in a manner that makes them inaccessible to children.

(d) Medications requiring refrigeration must be refrigerated and secured.

(e) Medications must be maintained and stored in their original container, including the prescription label.

(6) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law.

(7) A written record of all medication disposals must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the adult disposing the medication, and the initials of an adult witness.

(8) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that are administered. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of person administering the medication.

(h) Any adverse reactions to the medication.

(i) Documentation of any medication taken outside the facility by a child in care during a home visit or other activity.

(9) Where applicable, the day treatment agency must maintain documentation of the continuing evaluation of the child's ability to self-administer a medication.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0846, filed 11/28/2022, effective 12/01/2022
• CWP 63-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0100 Day Treatment Agencies: Policies and Procedures

A day treatment agency must have a written policy that includes the following:

(1) Hours of operation.

(2) Service area.

(3) Family expectations and participation requirements.

(4) Type of behavioral and affective characteristics of the children in care.

(5) Psychiatric, therapeutic, or counseling services offered.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0851, filed 11/28/2022, effective 12/01/2022
• CWP 64-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-430-0110 Day Treatment Agencies: Educational Services

The educational services of a day treatment agency must comply with all of the following requirements:

(1) The day treatment agency must comply with the minimum requirements for private education institutions as determined by the Oregon Department of Education.

(2) Education services must include at least one qualified teacher for every 15 children in care.

(3) The day treatment agency must ensure it has a curriculum that considers the goals of modern education and the requirements of a sound, comprehensive curriculum.

(4) Secondary schools must verify that they have academic standards necessary for children in care to obtain admission to community colleges, institutions of higher education, and receive a high school diploma or GED.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0856, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 36-2008, f. & cert. ef. 10-17-08

Division 440 FOSTER CARE AGENCIES

Or. Admin. R. 419-440-0010 What Law Applies

These rules, OAR 419-440-0010 to 419-440-0210, regulate a child-caring agency licensed as a foster care agency. A foster care agency must also comply with OAR 419-400-0005 to 419-400-0310.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.215 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 38-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0301, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0400, CWP 31-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-440-0020 License Requirements

(1) A foster care agency must be licensed by the Department to certify a home as a proctor foster home .

(2) A foster care agency must be licensed by the Department before the foster care agency accepts physical custody of a child in care for placement in a proctor foster home .

(3) In addition to the requirements in OAR 419-400-0005 to 419-400-00310 to be licensed by the Department, a foster care agency must:

(a) Have a current, written program statement that describes:

(A) The type of program and foster care provided.

(B) The children in care served.

(C) The services provided to the children in care, their families, their proctor foster families, or their approved proctor foster homes.

(D) The geographical area covered.

(b) Have an ongoing recruitment and retention program to ensure an adequate number of suitable proctor foster homes based on the written program statement of the foster care agency .

(c) Have policies and procedures describing the level of oversight the foster care agency will provide to each proctor foster home that include:

(A) The frequency of site visits to each proctor foster home .

(B) How site visits will be documented.

(C) When and how the foster care agency will provide increased oversight to a proctor foster home.

(D) How often a child in care will have face-to-face contact and with whom.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.280, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 39-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0311, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• Renumbered from 413-210-0470, CWP 31-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-440-0030 Foster Care Agencies: Personal Qualifications Required for Approved Proctor Foster Parents

(1) To be approved by a foster care agency as an approved proctor foster parent , the applicant must:

(a) Be at least 21 years of age.

(b) Possess the ability to exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior.

(c) Possess the ability to manage the applicant's home and personal life.

(d) Possess the ability to apply the reasonable and prudent parent standard when determining whether to allow a child in care to participate in extracurricular, enrichment, cultural, and social activities.

(e) Maintain conditions in the home that provide safety and well-being for the child in care .

(f) Have supportive relationships with adults and children living in the household and with others in the community.

(g) Have a lifestyle and personal habits free of criminal activity and abuse or misuse of alcohol or other drugs.

(h) Have the physical and mental capacity to care for a child in care . A foster care agency or the Department may, by request, require an applicant to:

(A) Provide copies of medical reports from a health care professional.

(B) Complete an expert evaluation with a report provided to the foster care agency .

(i) Assure that all adult members of the household (excluding a child in care ):

(A) Possess the ability to exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior, within the individuals' developmental and cognitive abilities;

(B) Do not pose a risk to the safety, health, and well-being needs of a child in care;

(C) Have a lifestyle and personal habit free of criminal activity and abuse or misuse of alcohol or other drugs; and

(D) Cooperate with the foster care agency's assessment of the household.

(j) Have adequate financial resources in place to meet the needs of the current household.

(2) A foster care agency may only approve an applicant as an approved proctor foster parent if the applicant meets the requirements of section (1) of this rule.

(3) A foster care agency may only use a proctor foster home if each approved proctor foster parent meets the requirements of section (1) of this rule.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.280, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0313, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0040 Foster Care Agencies: Assessment and Approval of Proctor Foster Homes

A foster care agency must comply with all of the following requirements:

(1) Prior to approval of an approved proctor foster parent and prior to the certification of a proctor foster home the foster care agency must complete a proctor foster home assessment for each proctor foster home applicant.

(2) The proctor foster home assessment must be based on an on-site review of the proctor foster home applicant's home, and observations of and interviews with each member of the household, background check information, and any information gathered during the course of the assessment. The foster care agency must require that each applicant submit all of the following:

(a) A completed application. When two individuals are lawfully married, have a domestic partnership as defined in ORS 106.310, or are cohabitating , both individuals are required to apply unless:

(A) One individual is in the military and stationed out of Oregon; or

(B) The foster care agency has approved an exception because there are unique circumstances in which one individual will not be responsible for any household management or the care of a child in care placed in the home.

(b) Assurance that the home is the primary residence of the proctor foster home applicant and is the residence where each child in care will reside.

(c) A completed statement of physical and mental health.

(d) If the foster care agency considers it appropriate, a report from a licensed health care or mental health professional concerning any medical, psychological, or substance-abuse problem that might interfere with a proctor foster home applicant’s ability to care for a child in care .

(e) A minimum of four references, not more than one of which may be a relative of the proctor foster home applicant.

(f) Names and contact information of at least two individuals with whom the applicant is likely to remain in contact if displaced due to a natural disaster.

(3) The foster care agency must complete a written home study that includes all of the following information:

(a) Safety information, including documentation that the home is in full compliance with the standards for the proctor foster home environment in OAR 419-440-0050.

(b) The names and ages of children in the home and children no longer in the home.

(c) A completed background check for all members of the household age 18 and over as required by OAR 407-007-0200 to 407-007-0370. A criminal history check for a household member under the age of 18 is required if there is reason to believe that the background check may reveal information that is useful in assessing any risk posed by the household member.

(d) A completed child abuse history background check from every state, where the individual has resided in the last five years and a request for a child abuse history background check from any other country outside of the United States where the individual has resided in the last five years:

(A) For all members of the household age 18 and over; and

(B) For a household member under the age of 18 if there is reason to believe that the child abuse history check may reveal information that is useful in assessing any risk posed by the household member.

(e) The proctor foster home applicant's placement preferences.

(f) The proctor foster home applicant's motivation for providing foster care.

(g) The proctor foster home applicant's life experiences and challenges.

(h) The proctor foster home applicant's relevant health history and a disclosure statement of any current mental health and substance abuse issues for anyone living in the home that may impact the safety of the child in care .

(i) The proctor foster home applicant's education and training.

(j) The proctor foster home applicant's employment and finances.

(k) The proctor foster home applicant's current support systems and need for additional support services.

(L) The proctor foster home applicant's marital history, including previous marriages, divorces, and long-term relationships.

(m) The proctor foster home applicant's parenting skills and values.

(n) The proctor foster home applicant's lifestyle.

(o) The proctor foster home applicant's religion or spiritual beliefs.

(p) Cultural background and experiences with diverse cultural groups.

(q) The proctor foster home applicant's ability to respect the spiritual beliefs, sexual orientation, gender identity and gender expression, disabilities, national origin, cultural identity, and socioeconomic background of each child in care, and provide opportunities to enhance the positive self-concept and understanding of the heritage of the child in care .

(r) An assessment of current and previous licenses, certifications, and applications for relative care, adult or child foster care, day care, adoption, and other types of services for vulnerable individuals, including adult care giving. Information must include any denials, suspensions, revocations, or terminations.

(s) An assessment of the areas in which training is needed and the plan of the foster care agency for providing needed training, including time frames.

(t) The proctor foster home applicant's home and community.

(u) Assessment and recommendations including the characteristics and maximum number of children in care who may be placed in the proctor foster home .

(4) A process for notifying proctor foster home applicants. The foster care agency must notify each proctor foster home applicant in writing of the acceptance or denial of the application for approval as a proctor foster home and certification as a proctor foster home . If the foster care agency denies an application based on information provided by the Department to the foster care agency concerning an ongoing abuse or neglect investigation involving the applicant or findings of substantiated allegations of abuse or neglect by the applicant, the foster care agency must disclose to the proctor foster home applicant the reason for the denial.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 40-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0316, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0050 Foster Care Agencies: Standards for the Proctor Foster Home Environment

A foster care agency must ensure a proctor foster home meets all of requirement in this rule. This must be documented and kept in the file of the proctor foster home .

(1) General Conditions.

(a) The home must be the primary residence of the applicantor approved proctor foster parent and the residence where the child in care will reside.

(b) The home must have adequate space, including space for safe and appropriate sleeping arrangements, for each child in care .

(A) The foster care agency must consider the age, gender, gender expression, special needs, behavior, and history of abuse or neglect of the child in care in determining appropriate sleeping arrangements.

(B) Children in care over age 18 years of age or older must be housed in separate bedrooms from children in care under 18 years of age, unless:

(i) A parent and child, one or both of whom is a child in care , share a bedroom; or

(ii) The foster care agency has obtained written approval from the parent or legal guardian and the Department licensing coordinator that two children in care, one over 18 and one under 18 years of age, may share a bedroom.

(C) Each child in care must have their own bed and may not share a bed with an unrelated person.

(D) The foster care agency must prohibit co-sleeping or bed-sharing when the child in care is an infant.

(c) The home may not use "electronic monitoring" in bedrooms or bathrooms. For purposes of this rule, "electronic monitoring" means the use of video monitoring or listening devices to monitor or record the behavior of a child in care . Children in care and their parent or legal guardian must be notified of any electronic monitoring that occurs in the home. "Electronic monitoring" does not include:

(A) Door monitors;

(B) Window alarms;

(C) Motion detectors;

(D) Audio or video baby monitors used for a child five years of age and under; or

(E) Monitors approved by a medical provider for medical purposes.

(d) If a child or young adult in the care or custody of the Department will be placed in the proctor foster home , the home must post and comply with the Foster Children’s Bill of Rights as required by OAR 413-010-0170 to 413-010-0185.

(e) The applicantor approved proctor foster parent must have access to a working telephone to make and receive phone calls.

(f) The applicantor approved proctor foster parent must consider the age, special needs, and capabilities of the children in care, and have necessary safeguards to assure that:

(A) Swimming pools, hot tubs, wading pools, ponds, and other water hazards are inaccessible to a child in care unless responsibly supervised, and any safeguards comply with state and local ordinances;

(B) Outdoor tools and equipment, machinery, chemicals, flammables, and combustibles are stored in a safe manner;

(C) Animals are safe and appropriate for and are properly cared for and kept in compliance with local ordinances;

(D) Access of a child in care to potentially dangerous animals is restricted; and

(E) Hunting and sporting equipment, such as knives, spears, arrows, hunting sling shots, bows, and martial art weapons are stored in a safe and secure manner and inaccessible to a child in care .

(g) The applicantor approved proctor foster parent must receive authorization from the foster care agency and the parent or guardian prior to the beginning of hunting or target practice by the child in care .

(2) Sanitation and Health.

(a) If there are potential hazards in or around the home, a plan to prevent the exposure of the child in care to the potential hazard must be developed and approved by the foster care agency .

(b) The home must have the necessary equipment for the safe preparation, storage, serving, and clean-up of food.

(c) The home must have a safe, properly maintained, and operational heating system. Space heaters must be plugged directly into a wall outlet and must be equipped with tip-over protection.

(d) The home and furnishings must be clean and in good repair, and the grounds must be maintained.

(e) There must be no accumulation of garbage or debris.

(f) The home must have safe and adequate drinking water, and an adequate source of safe water to be used for personal hygiene.

(g) There must be provision for the safe storage and administration of all medications in the household, taking into consideration the child's age, developmental level, and need.

(h) There must be easily accessible first aid supplies, and a reasonable understanding of how to use such supplies.

(i) Smoking, tobacco and nicotine limitations:

(A) A child in care may not be exposed to any type of second-hand smoke in the family's home or vehicle; and

(B) A member of the householdmay not provide any form of tobacco, nicotine, or other product illegal for a minor to possess to a child in care .

(C) All products referenced in paragraph (B) of this subsection must be stored in a safe and secure manner inaccessible to a child in care .

(3) Fire and Carbon Monoxide Safety.

(a) The home must have all of the following:

(A) A working smoke alarm in each bedroom where a child in care sleeps within 24 hours of the time the applicantis certified or approved.

(B) A working carbon monoxide detector within 15 feet of each bedroom where a child in care sleeps and at least one on each floor within 24 hours of the time the applicantis certified or approved.

(C) At least one operable fire extinguisher rated 2-A:10-B-C or higher within 24 hours of the time the applicantis certified or approved.

(D) At least one means of emergency exit and at least one means of rescue from the home.

(E) An adequate safeguard around operating fireplaces, wood stoves, or other heating systems that may cause burns to a child in care that isdevelopmentally unable to reasonably follow safety rules regarding such devices.

(F) A written, comprehensive home evacuation plan, shared with each child in care at the time of placement, and practiced at least every six months. The written, comprehensive home evacuation plan must include a provision for the safe exit of a child in care who is not capable of understanding or participating in the evacuation plan.

(G) Interior doors that lock must be operable from both sides of the door.

(b) Each bedroom used by a child in care must have:

(A) At least one unrestricted exit;

(B) At least one secondary means of exit or rescue;

(C) Smoke alarms required under paragraph (3)(a)(A) of this rule;

(D) Unrestricted, direct access at all times to hallways, corridors, living rooms, or other such common areas; and

(E) Quick release mechanisms on all barred windows.

(4) Emergency Preparedness.

(a) Maintain, and share with the certifying foster care agency, an emergency preparedness plan ensuring the needs of each child in care will me bet . At a minimum the plan will include:

(A) Identifying the types of emergencies most likely to happen where the proctor foster agency is located;

(B) Identifying a place to meet for each type of emergency identified;

(C) Identifying an alternate shelter if necessary;

(D) Ensuring access to necessary medications or medical equipment;

(E) How to help each child in care recover after a disaster.

(b) Maintain a comprehensive list of emergency telephone numbers, including 911 and poison control, and post it in a prominent place in the home.

(5) Travel and Transportation Safety.

(a) An applicantor approved proctor foster parent must have available, and be willing to use, a safe and reliable method of transportation.

(b) Any member of the householdtransporting a child in care must provide proof of a valid driver's license and current insurance on any family-owned motorized vehicle by which a child in care might be transported, when a family has applied for certification or renewal of certification.

(c) The applicantor approved proctor foster parent must assure that, as required by current state law:

(A) Only a licensed and insured driver transports a child in care in motorized vehicles; and

(B) A child in care uses a seat belt or age and size appropriate safety seat when transported in motorized vehicles.

(d) Written authorization from the foster care agency and parent or guardian must be received by the proctor foster home prior to transporting a child in care out of the State of Oregon or outside the United States.

(e) A proctor foster home must request approval from the Department no less than 90 days prior to any international travel with a child in care . In an emergency, the proctor foster home must request approval from the foster care agency as soon as the need for international travel becomes known.

(6) An applicantor approved proctor foster parent must agree to accept the placement of a child in care only as provided in OAR 419-440-0130.

History

• Statutory/Other Authority: ORS 418.248, ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 41-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0318, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 29-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 09/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16

Or. Admin. R. 419-440-0060 Foster Care Agencies: Orientation for Proctor Foster Home Applicants

(1) To be approved by a foster care agency to operate a proctor foster home, an applicant must complete orientation training.

(2) In addition to the requirements in OAR 419-400-0120(4) and (5), the orientation training required by section (1) of this rule must, at a minimum, include all of the following:

(a) The policies and procedures of the foster care agency.

(b) The needs and characteristics of children in care needing placement.

(c) Attachment, separation, and loss issues for children in care and families.

(d) The importance of cultural identity to the child in care and ways to foster this identity.

(e) The impact of foster care on the child in care and family.

(f) The rights and responsibilities of the proctor foster parent and the foster care agency.

(g) The resources available to the foster parent or approved proctor foster parent.

(h) Confidentiality.

(i) Rights of families and children in care.

(j) Copies of all of the following documents:

(A) The program statement described in OAR 419-440-0080.

(B) The requirements for proctor foster homes.

(C) The policies of the foster care agency governing proctor foster homes.

(D) The training requirements of the foster care agency for proctor foster homes.

(E) The licensing rules for foster care agencies.

(F) Expectations for working with the foster care agency.

(3) The foster care agency must document in the file of each applicant if the applicant has received the orientation described in section (2) of this rule.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248, ORS 418.280 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 42-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0321, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0070 Foster Care Agencies: Training for Parents in Proctor Foster Care

(1) The foster care agency must have and follow a written training plan that:

(a) Provides each proctor foster home parent in a proctor foster home a minimum of 16 hours of training before the foster care agency places a child in care in the home.

(b) Provides each proctor foster home parent in a proctor foster home a minimum of 16 hours of training annually prior to the issuance of the annual approval required by OAR 419-440-0080.

(c) The training plan must include all of the following topics:

(A) Characteristics and needs of children in care who may be placed with the proctor foster home .

(B) Ways to effectively parent children in care who are placed by the foster care agency , including application of the reasonable and prudent parent standard .

(C) Positive behavior management, non-punitive discipline.

(D) The importance of the family of the child in care and working with the family of the child in care.

(E) The importance of age-appropriate or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

(F) Preparation of the child in care for independence based on the age, stage of development, and needs of the child in care .

(G) Legal responsibility to report suspected child abuse.

(H) Cardiopulmonary resuscitation (CPR) and first aid training sufficient to retain a current certification.

(I) Medication administration.

(J) Emergency preparedness and planning.

(2) The foster care agency must document in proctor foster home records the training received by each p roctor foster home parent.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 43-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0326, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• Renumbered from 413-210-0440, CWP 31-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-440-0080 Foster Care Agencies: Annual Review and Approval

A foster care agency must comply with all of the following requirements:

(1) The foster care agency must evaluate every proctor foster home at least once every 12 months to ensure that the home continues to meet the standards.

(2) Except as provided in section (3) of this rule, the annual review must include all of the following:

(a) The foster care agency must update the written home study required by OAR 419-440-0040(3).

(b) A completed background check for all members of the household age 18 and over, excluding a child in care, must be completed as required by OAR 407-007-0200 to 407-007-0370. A background check for a household member under the age of 18 is required if there is reason to believe that a background check may reveal information that is useful in assessing any risk posed by the household member.

(c) A completed state of Oregon child abuse history background check:

(A) For all members of the household age 18 and over; and

(B) For a household member under the age of 18 if there is reason to believe that the child abuse history check may reveal information that is useful in assessing any risk posed by the household member.

(d) If an adult member of the household has lived outside the state of Oregon in the previous five years, and an out-of-state child abuse history background check has not been completed, a child abuse history background check must be requested from each state or foreign country where the individual resided in the last five years.

(e) Documentation that the home remains in full compliance with the safety standards in OAR 419-440-0050.

(f) A recommendation to approve or deny the re-issuance of the certificate of approval of the proctor foster home . If the agency denies renewal based on information provided by the Department to the agency concerning an ongoing abuse or neglect investigation involving the applicant or findings of substantiated allegations of abuse or neglect by the proctor foster home applicant, the agency must disclose to the proctor foster home applicant the reason for the denial.

(3) If the Department’s Background Check Unit (BCU) has not notified the foster care agency of the BCU’s final fitness determination for all household members for whom the agency requested a background check, before the stated expiration date on the proctor foster home’s certificate of approval, and all of the following conditions have been met, the current certificate of approval will remain valid until the foster care agency has issued a new certificate of approval or there is a denial of the application.

(a) All requirements described in subsections (2)(a), (2)(e), and (2)(f) of this rule have been met.

(b) The foster care agency has submitted timely and complete background check applications to the BCU on all applicable household members.

(4) If the proctor foster home certificate was extended as described in section (3) the effective date of the new certificate of approval shall be the date the proctor foster home applicant met compliance in all areas including, but not limited to, completed background checks for all applicable household members.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 44-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0331, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0480, CWP 31-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-440-0090 Foster Care Agencies: Complaints about Proctor Foster Homes

(1) Employees of the foster care agency are covered by the requirements to report suspected child abuse in ORS 419B.010 and, in addition to any other requirements of law, must refer a complaint of suspected child abuse to the Department for investigation.

(2) If the foster care agency receives information alleging a proctor foster home is not in compliance with the certification requirements of the foster care agency, including, but not limited to the rules in OAR 419-400-0005 to 419-400-0310 and OAR 419-440-0010 to 419-440-0210, the foster care agency must immediately initiate an on-site assessment of the home as soon as is appropriate, based on the nature of the complaint.

(a) As part of the assessment, the foster care agency must prepare a detailed written report that includes all of the following information:

(A) The name of the foster care agency employee who received the complaint, date the complaint was received, name of complainant, and the allegations.

(B) Dates and places of contacts, the names of persons interviewed or observed, and the names of the interviewers.

(C) Findings, summary, and conclusions regarding compliance or noncompliance and recommendations regarding corrective action.

(b) The foster care agency must complete the assessment within 30 days following the receipt of the complaint and must provide a copy of the written assessment to a Department licensing coordinator.

(c) The foster care agency must provide the proctor foster parent with a copy of the report of the assessment once it is complete, and must inform the proctor foster parent in writing that they have a right to have their response included in an attachment to the report.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 45-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0336, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0100 Foster Care Agencies: Closures of Proctor Foster Homes

If a foster care agency decertifies a proctor foster home, the foster care agency must provide the proctor foster home parent or parents a written notice of the specific reasons for the action, must retain a copy of the notification in the record of the proctor foster home.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0341, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0110 Foster Care Agencies: Notifications Required of Proctor Foster Home Parents

A foster care agency must require proctor foster home parents in a proctor foster home to notify the foster care agency of each of the following:

(1) Any physical or structural changes in the proctor foster home in which they live.

(2) Any arrests or court convictions of any member of the household. A parent of the proctor foster home must notify the foster care agency within one working day of learning about the arrest or conviction.

(3) Any allegation of child abuse or neglect perpetrated by any member of the household or any individual who regularly visits the proctor foster home. A proctor foster home parent must notify the foster care agency on the day they learn of the allegation.

(4) The suspension of a driver's license of any adult on the Certificate of Approval or any member of the household.

(5) Any change in the physical or mental health or medication of a member of the household that reasonably could affect the ability of the proctor foster home to meet the safety needs of the child in care.

(6) Any time a member of the household applies to become an in-home child care provider, an adult foster care, or in-home adult day care provider.

(7) Any other circumstance that could reasonably affect the safety or well-being of a child in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248, ORS 418.280 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0349, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0120 Foster Care Agencies: Records of Proctor Foster Homes

(1) A foster care agency must safely and consistently maintain a record for each proctor foster home it approves. Such records must be separate from records the foster care agency maintains on the children in care and families it serves.

(2) The record for each proctor foster home must contain all of the following:

(a) Whether the applicant has been approved and a certificate or certificate renewal has been issued by the foster care agency to operate a proctor foster home. If a certificate is issued, the foster care agency must document the number and the age range of children in care the home is certified to serve, any specific gender or other restrictions and limitations, and a statement that the foster care agency has determined the proctor foster home meets the standards established in these rules.

(b) Whether the foster care agency has provided the notification described in OAR 419-440-0040(4).

(c) All documents pertaining to approval of the proctor foster home.

(d) All documents pertaining to formal complaints about the proctor foster home.

(e) The contract between the foster care agency and the parents in the proctor foster home.

(f) A list of all children in care placed in the proctor foster home that includes identifying and placement information.

(g) Documentation that the foster care agency conducted a minimum of one home visit every 90 days to assure compliance with certification standards.

(3) A foster care agency must document all of the following in the record of each proctor foster home:

(a) Change of address of a proctor foster home parent.

(b) Change in name of a proctor foster home parent.

(c) Change in household composition.

(d) Any exceptions to or suspensions of the certification by the foster care agency of a proctor foster home.

(4) Inactive referral status.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 46-2023, minor correction filed 06/07/2023, effective 06/07/2023
• CWP 26-2022, renumbered from 413-215-0351, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• Renumbered from 413-210-0450, CWP 31-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-440-0130 Foster Care Agencies: Placement of a Child with a Proctor Foster Home

(1) A foster care agency may place a child in care in a proctor foster home.

(2) A foster care agency must prohibit an approved proctor foster parent from accepting placement of a child in care from another agency or referral source.

(3) The placement of a child in care in a proctor foster home must be consistent with the recommendations for the use of the proctor foster home as identified in the current home assessment.

(4) The foster care agency may not issue a certification for a proctor foster home that allows the proctor foster home to exceed any of the following subsections:

(a) A total of four children to one approved proctor foster parent living in the home;

(b) A total of six children to two approved proctor foster parents living in the home; or

(c) A total of two children under the age of three.

(d) The number of children living in the approved proctor foster home may exceed the limits in subsections (a) and for the following reasons:

(A) A child in care who is parenting.

(B) Siblings to remain together.

(C) A child with an established meaningful relationship with the family to remain with the family.

(D) A family with special training or skills to provide care to a child who has a severe disability.

(5) The foster care agency must base each placement on an assessment of the individual needs of the child in care and an assessment of the ability of the proctor foster home to meet those needs. The foster care agency must document the basis for the selection in the file of the proctor foster home .

(6) The foster care agency must provide to the proctor foster home a copy of the signed contract and maintain a copy in the proctor foster home file.

(7) At the time of placement of each child in care in a proctor foster home , the foster care agency must provide the proctor foster home parentswith all of the following information and authorizations:

(a) The name and date of birth of the child in care , and the reason for placement.

(b) The name of the assigned worker and a telephone number to contact the foster care agency .

(c) Information about the health, behavioral characteristics, and needs of the child in care.

(d) Authorization and clear written instructions for obtaining medical, dental, and other professional care, and authorization for emergency medical care.

History

• Statutory/Other Authority: ORS 418.248, ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0356, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 29-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 09/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0140 Foster Care Agencies: Documentation Required When a Foster Care Agency Changes a Placement

Within seven working days after a child in care is moved out of a proctor foster home and placed in a different proctor foster home, a foster care agency must record all of the following information in the case record:

(1) The reason for the new proctor foster home; and

(2) The name and address of the new proctor foster home.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248, OR 418.280 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0361, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0150 Foster Care Agencies: Respite Care

A foster care agency must comply with all of the following requirements:

(1) The foster care agency must have and adhere to a respite care policy that addresses the need to provide children in care with safe and adequate care when the proctor foster home parents are not present.

(2) The respite care policy of the foster care agency must include the following:

(a) The foster care agency is responsible for identifying and selecting safe and responsible alternate caregivers for a child in care placed in a proctor foster home:

(A) Each alternate caregiver must be at least 21 years of age;

(B) The foster care agency must assure completion of background checks (pursuant to OAR 407-007-0200 to 407-007-0370) annually for the alternate caregiver and, if respite care will be provided in the home of the alternate caregiver, all adults living in the home of the alternate caregiver; and

(C) Prior to determining that the alternate caregiver is safe and appropriate to provide relief or respite care, the foster care agency must analyze information relevant to paragraphs (A) and (B) of this subsection.

(b) The proctor foster home must receive the approval of the foster care agency prior to using a relief or respite caregiver.

(c) The proctor foster home is responsible for notifying the foster care agency in advance when the parents plan to provide relief or respite care for another proctor foster home and the number of children in care will exceed the maximum number of children in care authorized.

(d) There must be a respite care plan relating to the age, developmental ability, and special needs of each child in care placed in the proctor foster home.

(e) There must be plans for respite care in the event of an emergency that makes a proctor foster home unavailable.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0366, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0160 Foster Care Agencies: Training of Foster Care Agency Staff

In addition to the requirements in OAR 419-400-0120(4) and (5), a foster care agency must meet all of the following training requirements with respect to its employees:

(1) Staff of the foster care agency must be provided with orientation training prior to or within 30 days of hire. The orientation must include training on all of the following:

(a) Discipline and behavior management protocols including de-escalation skills training, crisis prevention skills, positive behavior management, and disciplinary techniques that are non-punitive in nature and are focused on helping children build positive personal relationships and self-control.

(b) If restraint and involuntary seclusion are utilized by the program, the approved techniques and monitoring procedures. The policy and training provided by the foster care agency must be clear that restraint or involuntary seclusion is used as an intervention of last resort.

(2) Staff of the foster care agency must receive ongoing training at least annually on all of the following:

(a) Procedures for handling environmental emergencies.

(b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene.

(c) Discipline and behavior management.

(3) Staff of the foster care agency must receive training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification.

(4) Staff of the foster care agency must receive training related to the reasonable and prudent parent standard and age-appropriate or developmentally appropriate activities.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248, ORS 418.280 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 47-2023, minor correction filed 06/07/2023, effective 06/07/2023
• CWP 26-2022, renumbered from 413-215-0371, filed 11/28/2022, effective 12/01/2022
• CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• Renumbered from 413-210-0430, CWP 31-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-440-0170 Foster Care Agencies: Health Services

A foster care agency must comply with all of the following requirements:

(1) The foster care agency must obtain all private health record information referred to in this rule in a manner that complies with federal and state law.

(2) Medical History. Within 30 days after the foster care agency assumes physical custody of a child in care, the foster care agency must obtain available medical history and other health-related information on the child in care, including:

(a) Significant findings of the most current physical examination;

(b) The child in care's current immunizations, history of surgical procedures and significant injuries, and past or present communicable diseases, to the extent such information is available under ORS 192.553 to 192.573;

(c) Any known allergies;

(d) Dental, vision, hearing, and behavioral health;

(e) Documentation that the child in care has received age-appropriate instruction regarding pregnancy prevention, nutrition, prevention of HIV and AIDS, and general information about the prevention and treatment of sexually transmitted diseases; and

(f) Physician's orders, including those related to medications, if any.

(3) Health services. The foster care agency must provide or arrange for the following health services, as applicable:

(a) Information on maintaining reproductive health and birth control.

(b) Prenatal care.

(c) Well-baby care.

(d) Fetal alcohol syndrome.

(e) Accessing child and infant health insurance programs.

(f) Screening for breast and other common cancers.

(g) Provide all necessary feminine hygiene products.

(h) Access to birth control, vaccinations, and information about preventing sexually transmitted diseases.

(4) Medical examinations. The foster care agency must safeguard the health of each child in care it serves by providing for a medical examination by a physician or qualified health professional at the following intervals:

(a) Three examinations during the first year of the child in care's life.

(b) One examination at the age of two.

(c) One examination at the age of four.

(d) One examination at the age of six.

(e) One examination at the age of nine.

(f) One examination at the age of fourteen.

(5) The foster care agency must have written procedures for accessing routine and urgent medical care for children in care, including obtaining necessary consents.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0376, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0180 Foster Care Agencies: Medication

A foster care agency must comply with all of the following requirements:

(1) Policy and procedures. The foster care agency must have policies and procedures that cover prescriptions, herbal remedies, and all non-prescription medications that address all of the following:

(a) How the medication will be administered.

(b) By whom the medication will be administered.

(c) How the staff of the foster care agency and the proctor foster home parents who administer medication will be trained.

(d) How the administration of medication will be documented.

(e) How the administration of medication will be monitored.

(f) How unused medication will be disposed of.

(g) The process that ensures that each child in care's prescription and non-prescription medications are reviewed, unless the medications are all provided through a single pharmacy. As used in this rule, "non prescription medication" means any medication that does not require a written prescription for purchase or dispensing.

(h) How the foster care agency and the proctor foster home will ensure compliance with OAR 413-070-0470 if it serves children in Department custody.

(2) A prescription, signed by a physician or qualified health professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medications prescribed for one child in care may not be administered to, or self-administered by another child in care, proctor foster home, or staff. As used in this rule "self administration of medication" refers to the act of a resident placing a medication internally in, or externally on, their own body.

(3) A written order, signed by a physician or qualified health professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity.

(4) Before a foster care agency permits a child in care to self-administer prescription medication, self-administration must be recommended by the foster care agency, approved in writing by a physician, and closely monitored by the proctor foster home parent or the staff of the foster care agency.

(5) Medication storage.

(a) Prescription medications that are unused and medication that is outdated or recalled may not be maintained in a proctor foster home. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

(b) The proctor foster home may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications stored in the proctor foster home must be kept in a manner that they are inaccessible to children in care.

(d) Medications requiring refrigeration must be refrigerated and secured.

(e) Medications must be maintained and stored in its original container, including the prescription label.

(6) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law.

(7) A written record of all medication disposals must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the person disposing the medication, and the initials of an adult witness.

(8) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that is administered. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of person administering the medication.

(h) Any possible adverse reactions to the medication.

(i) Documentation of any medication taken out of the proctor foster home by a child in care during a home visit or other activity.

(9) Where applicable, the foster care agency must maintain documentation of the continuing evaluation of the ability of the child in care to self-administer a medication.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0381, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0190 Foster Care Agencies: Referral and Initial Evaluation of Children in Care

A foster care agency must comply with all of the following requirements:

(1) Referral. The foster care agency must have a policy that addresses the process by which children in care are referred to the foster care agency. The policy must include all of the following:

(a) From whom referrals are accepted.

(b) On what basis children in care are accepted by the foster care agency.

(c) How information necessary to provide for the safety and care of children in care will be provided to proctor foster home parents, and staff of the foster care agency.

(2) Initial evaluation of a child. The foster care agency must evaluate each child in care referred to the foster care agency for placement. In conducting the evaluation, the foster care agency must:

(a) Request and review all available reports of the child in care's past and present behavior, educational status, and physical and mental health.

(b) Make a preliminary determination whether the prospective child in care has disorders, disabilities, or deficits due to mental, emotional, behavioral, or physical problems for which care, supervision, training, rehabilitation, or treatment is needed to reduce a problem, maintain present level of functioning, or clarify the ongoing placement or service needs of the child in care.

(3) The foster care agency must be prepared to provide to a parent or legal guardian of a referred child suggestions for obtaining resources in the event the child is not accepted by the foster care agency for placement.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248, ORS 418.280 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0386, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0200 Foster Care Agencies: Consents, Disclosures, and Authorizations

(1) Consents. For each child in care taken into the physical custody of a foster care agency, the foster care agency must ensure that a parent or legal guardian signs a consent that authorizes under what circumstances the foster care agency may undertake each of the following, as applicable:

(a) To provide routine and emergency medical care. If a foster care agency relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the foster care agency may not require medical, psychological, or rehabilitative procedures. The foster care agency must have policies and procedures for this practice, which are reviewed and approved by the parent or legal guardian of the child in care.

(b) To use the discipline and behavior management systems of the foster care agency, utilized by the foster care agency.

(c) To use restraint or involuntary seclusion in the management of the child in care. The consent must specify the reasons such interventions are used by the foster care agency and how the employees of the foster care agency and proctor foster home parents are trained and supervised in the use of restraint or involuntary seclusion.

(d) To restrict the child in care's contact with persons outside the foster care agency and the proctor foster home, including visits, telephone communication, electronic mail, and postal mail, except that access to a child in care must be allowed as provided in ORS 418.305 and OAR 419-400-0230 and 419-400-0101.

(e) To allow access to a child in care as required in ORS 418.305 and OAR 413-215-0091 and 413-215-0240.

(f) To impose a dress code.

(g) To apply the reasonable and prudent parent standard to determine whether the child in care is allowed to participate in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities.

(2) Disclosures. At admission, the foster care agency must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following policies and requirements of the foster care agency:

(a) Mandatory child abuse reporting requirements.

(b) Information regarding any personal or room searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the foster care agency for any program-initiated room or body search.

(c) A statement concerning the rights of children in care and parents or legal guardians served by the foster care agency as provided in OAR 419-400-0090. The statement must be written in a manner that is easy to understand, and the foster care agency must ensure that the child in care and the parent or legal guardian understand the statement and the requirement that the foster care agency afford the children in care each of these rights.

(d) The grievance policies and procedures of the foster care agency.

(e) The foster care agency will make any written policy or procedure pertaining to program services available for review by the child in care, parent, or legal guardian, upon request.

(3) Authorizations.

(a) Authorization to disclose information from other service providers must be filled out prior to signatures being requested and be specific to one other provider. Information may only be requested on a need-to-know basis.

(b) All child-specific visitors of the child in care must be approved or authorized by the parent or legal guardian, except court appointed special advocates (CASA), Department Ombudsman, and attorneys appointed to represent the child.

(c) Visitation resources must be pre-approved by the parent or legal guardian of the child in care and the identity of these resources verified by the foster care agency.

(d) Activity-specific authorizations must be pre-approved by the parent or legal guardian of the child in care to allow participation in potentially hazardous activities, such as using motorized yard equipment, swimming, and horseback riding.

(e) All other required authorizations must be pre-approved by the parent or legal guardian of the child in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• OTIS 48-2023, minor correction filed 06/07/2023, effective 06/07/2023
• CWP 26-2022, renumbered from 413-215-0391, filed 11/28/2022, effective 12/01/2022
• CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• CWP 31-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-440-0210 Foster Care Agencies: Information About Children in Care Placed in Physical Custody of the Foster Care Agency

A foster care agency must comply with all of the following requirements:

(1) Case files for children in care. For each child in care the foster care agency accepts for placement, the foster care agency must maintain an individual record that includes a summary sheet containing all of the following information:

(a) The name, gender, date of birth, religious preference, and previous address of the child in care .

(b) The name and location of the child in care's previous school.

(c) The date of admission to the program .

(d) The status of the child in care's legal custody, including the name of each person responsible for consents and authorizations.

(e) The name, address, and telephone number of:

(A) The parents of the child in care .

(B) The legal guardian of the child in care , if different than parents, and their legal relationship to child.

(C) Other family members or other persons identified by the child in care, child in care’s family, and parent or guardian as significant to the child in care .

(D) Other professionals to be involved in service planning, if applicable.

(f) Any required signed consents and authorizations.

(2) Service planning.

(a) All documentation, including, but not limited to service plans, daily notes, assessments, progress reports, medication records, and incident reports, must be written in terms that are easily understood by all persons involved in service planning.

(b) Intake documentation. A foster care agency must complete a written intake document containing screening information on the date the foster care agency accepts a child in care except in the case of an emergency placement, when the intake document must be completed within 48 hours of admission.

(c) Each child in care must be served according to an individual written service plan developed by staff of the foster care agency and including, whenever possible, the child in care , the child in care's family , and other professionals involved with the child in care or family . This document must outline goals for services and care coordination.

(d) Assessment. A comprehensive assessment must be completed within the first 45 days of placement. This assessment must include relevant historical information, current behavioral observations, any identified needs for services, and a description of how the foster care agency will provide or coordinate services.

(e) Service plan and review.

(A) Within 60 days of placement, a formal service plan must be developed by staff of the foster care agency in conjunction with the child in care and their parents or legal guardians, and any other persons who are actively involved with the family , as appropriate.

(B) The service plan must reflect how the foster care agency will address the child in care's issues, describe the anticipated outcomes of the placement, and be reviewed and approved by the child in care and the legal guardian or parent, unless contraindicated.

(C) The service plan must be reviewed by the foster care agency at least quarterly.

(D) Service plans must be revised at any time additional information becomes available indicating that other services should be provided.

(3) Case management.

(a) The foster care agency must document services provided, as necessary, to track and monitor progress toward the achievement of service plan goals.

(b) Discharge. The foster care agency must identify how a child in care's progress will be evaluated, and how the determination is made of readiness for discharge or unsuitability for continued stay.

(c) Discharge planning. Discharge planning for a child in care must be a participatory decision-making process between the child in care , staff of the foster care agency , the parent or legal guardian, and significant others. As used in this rule, "significant others" means relatives, friends, or interested members of the community who are approved by the parent or legal guardian. The discharge plan must include:

(A) Identification of the child in care’s individual needs.

(B) Identification of natural and community supports available upon discharge.

(C) Identification of resources needed to assist the child in care to continue to work on identified goals.

(d) Discharge instructions. The foster care agency must provide the child in care and the child in care's guardian with discharge instructions on or before the discharge date, including current medications, name of the doctor who prescribed each medication, any outstanding medical or other appointments, and other follow-up instructions as needed.

(e) Follow-up services. The foster care agency must identify any transitional or aftercare services or service coordination that will be offered by the program .

(f) Incident reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child in care's record.

(4) Financial records. A foster care agency must keep a separate written record for each child in care itemizing all money received or disbursed on behalf of the child in care . The record must include all of the following:

(a) The date of each receipt and disbursement and the amount of each.

(b) The source of income.

(c) The purpose of each disbursement.

(d) The signature of the person making each entry.

(e) The signature of the child in care for each entry.

(5) Personal possessions records. An individual written inventory must be maintained for each child in care of all personal possessions belonging to the child in care . The record must be updated as needed.

(6) The foster care agency will ensure, in policy, that:

(a) Disallowable items are either stored, or returned to the parent or legal guardian; and

(b) All money and personal belongings are returned to the child in care , child in care's parent or legal guardian at the time of discharge, or an account provided of any missing items.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0396, filed 11/28/2022, effective 12/01/2022
• CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0460, CWP 31-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Division 450 HOMELESS, RUNAWAY, AND TRANSITIONAL LIVING SHELTERS

Or. Admin. R. 419-450-0010 Homeless, Runaway, and Transitional Living Shelters: What Law Applies

(1) These rules, OAR 419-450-0010 to 419-450-0120, regulate a child-caring agency that provides residential services for homeless or runaway youth, pregnant or parenting girls, or other children in care working towards independent living.

(2) A child-caring agency that provides residential services for homeless or runaway youth pregnant or parenting girls, or other children in care working towards independent living must also comply with OAR 419-400-0005 to 419-400-0310.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.215 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 49-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0701, filed 11/28/2022, effective 12/01/2022
• CWP 47-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0020 Homeless, Runaway, and Transitional Living Shelters: Client Rights

(1) A child-caring agency must ensure that children in care are actively involved in the design, delivery, and ongoing planning of the services provided by the program.

(2) A child-caring agency must ensure that nutritional needs are met as appropriate for each child in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0716, filed 11/28/2022, effective 12/01/2022
• CWP 48-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0030 Homeless, Runaway, and Transitional Living Shelters: Staffing Requirements

(1) A child-caring agency must have and follow written policies regarding minimum staffing requirements, including a written staffing plan that indicates the number of paid and volunteer staff in each job category.

(2) During each shift, there must be at least one staff member who has been trained in a non-violent crisis intervention strategy. A volunteer or intern may be used to meet this requirement only if the volunteer or intern has met the training requirements for staff in OAR 419-450-0040

(3) A child-caring agency must have a ratio of staff to children in care that is sufficient to ensure that children in care receive adequate supervision and services.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 OL 2016 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310 OL 2016
• OTIS 50-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0721, filed 11/28/2022, effective 12/01/2022
• CWP 49-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0040 Homeless, Runaway, and Transitional Living Shelters: Staff Development and Training

A child-caring agency must follow all of the following requirements:

(1) Initial training. Before being alone with a child in care or being temporarily the only staff in charge of one or more children in care, a staff member must receive the following training or acquire the following knowledge or understanding, as verified by the executive director or the executive director's designee:

(a) Successful completion of the agency's orientation.

(b) Effective understanding of the supervision structure at the shelters of the agency, including the appropriate staff to contact when questions or problems arise.

(c) Effective understanding and knowledge of and compliance with the behavior management policies of the agency.

(d) Recognition and management of the presenting issues of the children in care served, including mental health, behavioral, and substance abuse issues.

(e) Instruction in safety procedures and safe use of equipment.

(f) Sanitation procedures.

(g) First aid kit contents and use.

(h) Report writing, including documentation of medication dispensing and critical incident reports.

(i) Certification to provide cardiopulmonary resuscitation (CPR) and first aid.

(j) Completion of training in crisis intervention.

(2) Ongoing training. A child-caring agency must provide ongoing training for all paid and volunteer staff to increase knowledge, skills, and abilities in each of the following subject areas:

(a) Confidentiality requirements.

(b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene.

(c) Discipline and behavior management.

(3) Staff must receive training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification.

(4) Staff working with food must possess a food handler's card.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0726, filed 11/28/2022, effective 12/01/2022
• CWP 50-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0050 Homeless, Runaway, and Transitional Living Shelters: Admissions and Assessments

A child-caring agency must follow all of the following requirements, except with respect to a mass shelter:

(1) The child-caring agency must provide services to children in care according to written policies that list the specific criteria under which children in care are accepted for placement.

(2) Assessment. To determine the appropriateness of each child in care who has applied for services provided by the agency, the agency must make reasonable efforts to gather all of the following basic background information upon admission:

(a) Family history.

(b) Health history, including a history of substance abuse as well as current use of prescription and over-the-counter medication.

(c) Mental health history, including diagnoses, a description of behavior problems, prior evaluations, and treatment history.

(d) Who has legal custody of the child in care.

(3) Each assessment must include a statement about whether or not the child in care meets the eligibility requirements necessary to be admitted into the program.

(4) Prior to admitting a child in care, the agency must provide the child in care with an explanation of the available services and the requirements for participation.

(5) After a child in care is admitted, the assessment must be the basis for the child in care's service plan as described in OAR 419-450-0060

History

• Statutory/Other Authority: ORS 418.005, ORS 409.050 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 51-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0731, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0060 Homeless, Runaway, and Transitional Living Shelters: Service Planning

A child-caring agency must follow all of the following requirements, except with respect to a mass shelter:

(1) The child-caring agency must make services available that will meet the needs of each child in care in the program.

(2) The child-caring agency must serve each child in care according to a service plan developed within 72 hours of admission that is based on the assessment.

(a) Whenever possible, the service plan must include the child in care and his or her family, staff, and other involved parties.

(b) The program must provide individualized service planning for each child in care that includes at least a monthly review of the service plan and changes as needed.

(c) The service plan must address, at a minimum, the child in care's physical and medical needs, behavior management issues, mental health treatment needs, education plans, and any other special needs.

(3) The child-caring agency must make reasonable efforts to ensure participation by the child in care's family in all aspects of the service and service planning process whenever possible. To the extent such information is reasonably available to the agency, the staff of the agency must:

(a) Contact a parent or legal guardian of the child in care early in the process, preferably within 24 hours, but no later than 72 hours following the child in care's admission into the program.

(b) Make a program orientation available to the child in care's family.

(c) Encourage participation by a parent in the program. If the child in care's parent cannot participate in the program, the agency must encourage participation by those responsible for the child in care's environment prior to admission.

(d) Consider the family's responsibility, needs, and values in the planning and service process.

(e) When appropriate, the agency must review individual service plans and the child in care's progress with the family at least on a monthly basis.

(4) Directly or through referral, the agency must make available individual, group, and family counseling by a qualified professional.

(5) The child-caring agency must establish and maintain links to community agencies and individuals who can provide required services to children in care or their families that may not be directly available from the program. These services must include:

(a) Alternative living arrangements.

(b) Medical services.

(c) Mental health services.

(d) Educational services.

(e) Independent living services.

(f) Other assistance required by children in care or their families.

(6) Discharge summary. The child-caring agency must prepare a written discharge summary of each child in care served by the program and retain this document in the child in care's file. The document must include:

(a) A summary of the child in care's participation in the program and the progress achieved.

(b) Results of evaluations of the child in care.

(c) Condition of the child in care.

(d) The child in care's compliance with the program guidelines of the agency.

(e) Recommendations regarding services.

(f) Discharge destination.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0736, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0070 Homeless, Runaway, and Transitional Living Shelters: Client Files

(1) General requirements. Except with respect to children in care in a mass shelter service plan operated by the child-caring agency, a child-caring agency must maintain an individual file on each child in care admitted into the program.

(2) Child in care file requirements. A child-caring agency must have a file on the premises for each child in care currently receiving services from the agency. To the extent such information is reasonably available to the agency, this file must be up to date and include all of the following:

(a) Sufficient information about the child in care's family or legal guardian to enable the staff of the agency to contact them at any time.

(b) Custody status of the child in care.

(c) An authorization for medical treatment.

(d) A signed consent for the child-caring agency to treat the child in care with the interventions in use at the program.

(e) A signed acknowledgment that the child in care is responsible for requesting their medication at the prescribed times.

(f) The assessment described in OAR 419-450-0050

(g) The service plan required by OAR 419-450-0760.

(h) Documentation about the child in care's illnesses and injuries, including the follow up that was provided by the child-caring agency.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 52-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0741, filed 11/28/2022, effective 12/01/2022
• CWP 51-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0080 Homeless, Runaway, and Transitional Living Shelters: Medication Storage and Dispensing

(1) A child-caring agency must have and follow written policies on the storage, dispensing, and disposal of prescription and non prescription medication.

(2) Medication storage. All prescription and non-prescription medications must be contained in locked storage in the facility and must be kept in a manner that makes them inaccessible to child in care.

(3) Medication dispensing.

(a) Children in care are expected to administer their own medication after they have requested their medication from the program staff at the prescribed times.

(b) Except in a mass shelter, medication, including non-prescription drugs, may not be dispensed unless the medication has been prescribed or authorized by a qualified professional.

(c) Program staff may not dispense medication to a child in care in any of the following situations:

(A) In excess of the prescribed or authorized amount.

(B) For disciplinary purposes.

(C) For the convenience of staff.

(D) As a substitute for appropriate treatment services.

(4) Documentation. Staff designated to dispense medications must document each dispensing. The documentation must include all of the following:

(a) The child in care's name.

(b) The name of the medication.

(c) The date and time the medication was dispensed.

(d) The dosage given.

(e) The name of the staff member who dispensed the medication.

(5) Disposal of unused or abandoned medication. Designated program staff must dispose of all medication abandoned by a child in care or for which the period of potency, as indicated on the label, has passed. Two staff members must be present at and document the disposal of the unused medication, including when and how the medication was disposed.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0746, filed 11/28/2022, effective 12/01/2022
• CWP 52-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0090 Homeless, Runaway, and Transitional Living Shelters: Health and Hygiene

(1) A child-caring agency must have and follow policies that ensure the prompt and accurate assessment and care of injuries, illness, and physical complaints of children in care.

(2) A child-caring agency must provide children in care with access to a bathroom and a shower.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0751, filed 11/28/2022, effective 12/01/2022
• CWP 53-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0100 Homeless, Runaway, and Transitional Living Shelters: Grouping

(1) A child-caring agency must have and follow written policies regarding the grouping of children in care.

(2) Except as provided in section (3) of this rule, an agency must place children in care in groups based on the following factors:

(a) Age.

(b) Developmental level.

(c) Physical maturity.

(d) Social maturity.

(e) Behavioral functioning.

(f) Cognitive level.

(g) Medical concerns.

(h) Individual needs.

(3) A child in care with a diagnosed disability may be served in the most integrated setting appropriate to the needs of the child in care within the context of the program. For purposes of this section:

(a) The child in care who can meet the essential eligibility requirements for a group with or without reasonable modification of rules, policies or procedures, or the provision of auxiliary aids and services may be served.

(b) "Integrated Setting" means a setting that enables children in care with disabilities to interact with non-disabled persons to the fullest extent possible.

(4) Placement with adults. A child-caring agency may place children in care in the same group as emancipated children in care or adults only after taking special care to assess and minimize the risk to the children in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• CWP 26-2022, renumbered from 413-215-0756, filed 11/28/2022, effective 12/01/2022
• CWP 54-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0110 Homeless, Runaway, and Transitional Living Shelters: Safety

A child-caring agency must meet all of the following requirements related to safety:

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The child-caring agency must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020).

(b) The child-caring agency must comply with existing state and local fire safety codes.

(2) Emergency plan.

(a) The child-caring agency must have, for each facility it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency.

(B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency.

(b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones.

(c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(3) Contraband. A child-caring agency must require its staff to confiscate items prohibited by the child-caring agency that are found in the possession of a child in care. All such items must be disposed of or stored for a child in care in a secure location that is inaccessible to children in care.

(4) Building Requirements.

(a) A child-caring agency may not allow children in care to have access to, or provide services regulated by these rules (OAR 419-450-0010 to 419-450-0120) in, a building unless the building has been certified as meeting all applicable state and local construction-related requirements for a building used as a residential facility, including the Oregon Structural Specialty Code (see the current version of OAR 837-040-0140), the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020), the rules of the Public Health Division of the Oregon Health Authority (see the current requirements for buildings in OAR chapter 333), the Oregon Plumbing Specialty Code (see the current version of OAR 918-750-0110 to OAR 918-750-0115), the rules of the State Fire Marshal (see the current requirements for buildings in OAR chapter 837), and the local building, fire, and safety codes.

(b) A child-caring agency must ensure that all of the following standards are met:

(A) All buildings where children in care are present must be smoke-free.

(B) All buildings where children in care are present must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing and electrical systems must be functional and in good repair.

(C) Water temperature and access to water:

(i) A continuous supply of hot and cold water, installed and maintained in compliance with this rule, must be distributed to taps conveniently located throughout each building used to provide services or housing for children in care.

(ii) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in each building used to provide services or housing for children in care.

(iii) Each child in care who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff member of the child-caring agency.

(D) Heating and ventilation. Room temperatures must be maintained within normal comfort range. Buildings must be ventilated and free of excessive heat and condensation and of unpleasant odors.

(c) Bathrooms.

(A) Bathrooms must be provided and be conveniently located in each building containing children in care, and must have all of the following:

(i) A minimum of one toilet and one hand-washing sink with mixing faucets for each eight children in care.

(ii) A self-closing metered faucet, if used, that provides water flow for at least 15 seconds without a need to reactivate the faucet.

(iii) Hot and cold running water, as well as soap and paper towels available at sinks or other hand-drying options approved by the local health department.

(iv) One bathtub or shower for each 10 children in care.

(v) Arrangements for individual privacy of children in care.

(vi) A window covering on each window to ensure privacy.

(vii) Permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(viii) A mirror, permanently affixed at eye level.

(ix) Adequate ventilation.

(B) Use of wooden racks over shower floors is prohibited.

(C) When impervious shower mats are used, they must be disinfected and dried at least once per day.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 53-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0761, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-450-0120 Homeless, Runaway, and Transitional Living Shelters: Environmental Health

A child-caring agency must meet all of the following requirements:

(1) The program of the agency must maintain an environment that ensures safety for program staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• CWP 26-2022, renumbered from 413-215-0766, filed 11/28/2022, effective 12/01/2022
• CWP 55-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 35-2008, f. & cert. ef. 10-17-08

Division 460 OUTDOOR YOUTH PROGRAMS

Or. Admin. R. 419-460-0010 Outdoor Youth Programs: Applicability and General Provisions

(1) Required compliance. These rules, OAR 419-460-0010 to 419-460-0260, regulate a child caring agency licensed as an outdoor youth program. An outdoor youth program must also comply with OAR 409-400-0005 to 419-400-0310.

(2) Stationary Outdoor Youth Program additional license requirement. An outdoor youth program that operates as a stationary outdoor youth program must secure an Organizational Camp License as described in OAR 333-030-0005 to 333-030-0130 from the Oregon Health Authority, Public Health Division.

(3) Bond required. Each outdoor youth program applying for licensure must file with the Department a Fiduciary Bond in the amount of $50,000 or 50 percent of the program's yearly budget, whichever amount is less. The Bond must be issued by a surety or insurer that is licensed to do business in the State of Oregon. The Bond must be written and issued on the Surety Bond Form (DHS CF 1066), provided to the outdoor youth program by the Department. The required Bond must be continuous until canceled and must remain in full force at all times to comply with this section. Any claims or potential impairment to the Bond must be reported to the Department within 30 days of the incident or occurrence involving the claim or potential impairment. In the event of impairment to the Bond, the outdoor youth program will be required to obtain additional bonding to satisfy the requirements of this section. The surety or insurer must give the Department at least 30 days written notice before canceling or terminating its liability under the Bond. An action on the Bond may be brought by any person aggrieved by the misconduct of an outdoor youth program required to be licensed under ORS 418.205 to 418.310. As evidence of the Bond, the outdoor youth program must keep a certified copy of the Bond on file with the Department at all times.

(4) Workers' Compensation. An outdoor youth program must comply with all provisions of ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. The outdoor youth program must ensure that each of its subcontractors complies with these requirements.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• OTIS 54-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0901, filed 11/28/2022, effective 12/01/2022
• CWP 65-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0800, CWP 28-2008, f. & cert. ef. 10-17-08
• CWP 1-2004, f. & cert. ef. 1-9-04
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0020 Outdoor Youth Programs: Administration

(1) Base of operations. An outdoor youth program providing outdoor youth program services in Oregon must have a base of operation or field office in Oregon. The base of operation or field office at a minimum must have the following information immediately available upon the request of the Department licensing coordinator:

(a) Current list of the names of staff and children in care in each field group;

(b) Master map of all outdoor youth program activity areas used by the program in Oregon, copies of which must be made available to the Department licensing coordinator, the land managing agency, and local law enforcement and emergency services upon request;

(c) Copies of each group of children in care's expeditionary route with its schedule and itinerary, copies of which must be made available to the Department, the land managing agency and local law enforcement and emergency services upon request;

(d) Current logs of communications with each field group of children in care away from the base of operations; and

(e) Emergency response plan that is reviewed annually (as described in OAR 419-460-0070(2)).

(2) Child in care file requirements. The base of operations for an outdoor youth program must have a file on each child in care in the program, which includes:

(a) Legal guardian identification, contact information, and custody status of child in care;

(b) Emergency contact information for the legal guardian or guardians of the child in care which provides for contact with the parent or legal guardian at any time, 24 hours a day, seven days a week;

(c) Demographics including, but not limited to name, gender, date of birth, and previous address;

(d) Eligibility and exclusionary criteria, including the basis for admission of the child in care into the program;

(e) Medical forms;

(f) Authorization for medical treatment; and

(g) Legal guardian consent for the outdoor youth program to treat the child in care with the specific interventions used by the program and to confiscate contraband found in the child in care's possession.

(3) Proof of compliance. An outdoor youth program which operates in Oregon must comply with the federal, state, local, and land managing agency regulations in the operations area and must maintain proof of compliance at the base of operations.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• OTIS 55-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0916, filed 11/28/2022, effective 12/01/2022
• CWP 66-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0809, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0030 Outdoor Youth Programs: Consents, Disclosures, and Authorizations

(1) Consents. For each child in care with an outdoor youth program, the outdoor youth program must ensure that the legal guardian signs a consent that authorizes the outdoor youth program to undertake each of the following:

(a) To provide routine and emergency medical care.

(b) To use the discipline and behavior management system of the outdoor youth program, including the point, level, or other behavior management techniques utilized by the outdoor youth program.

(c) If applicable, to use restraint in the management of the child in care. The consent for the use of restraint must be limited to the requirements outlined in OAR 419-400-0180.

(d) If applicable, to use time outs. The consent for the use of time outs must be limited to the requirements outlined in OAR 419-400-0150(3)(c).

(e) To allow access to a child in care as required in ORS 418.305 and OAR 419-400-0230and 419-400-0240.

(2) Disclosures to parent or legal guardian. At the time an outdoor youth program takes a child in care into placement, the outdoor youth program must ensure that each legal guardian of the youth receives and acknowledges in writing the receipt of each of the following:

(a) Information regarding any personal searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the outdoor youth program for any program-initiated pat down searches.

(b) A statement concerning the rights of child in care and legal guardians served by the outdoor youth program as provided in OAR 419-400-0090. The statement must be written in a manner that is easy to understand, and the outdoor youth program must ensure that the child in care and the parent or legal guardian understand the statement.

(c) An outdoor youth program shall provide a copy of transportation policies and procedures to the legal guardians at the time of admission to the program.

(d) An outdoor youth program will disclose orientation procedures to the client and legal guardians at the time of admission to the program and prior to transporting the child in care to the field.

(3) Authorizations. An outdoor youth program must follow the following requirements:

(a) Written authorizations to exchange information with others must be filled out prior to signatures being requested.

(b) All visitors for the child in care must be approved or authorized by the legal guardians, except Department personnel, child abuse investigators, Court Appointed Special Advocates, and attorneys appointed to represent the child in care.

(c) All other visitors must be pre-approved by the child in care's legal guardians.

(d) Activity-specific authorizations must be pre-approved by the child in care's legal guardians to allow children in care to participate in potentially hazardous activities, such as rock climbing, swimming, and horseback riding.

(e) All other required authorizations must be pre-approved by the child in care's legal guardians.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• OTIS 56-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0918, filed 11/28/2022, effective 12/01/2022
• CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022
• CWP 67-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 3-2014, f. 1-31-14, cert. ef. 2-1-14
• CWP 7-2013, f. & cert. ef. 10-1-13

Or. Admin. R. 419-460-0040 Outdoor Youth Programs: Participant Clothing, Equipment, and Supplies

An outdoor youth program must comply with all of the following requirements:

(1) Participant requirements. Each program participant must have appropriate clothing, equipment, and supplies for each type of outdoor youth program activity and for the weather conditions likely to be encountered.

(2) Clothing, equipment, and supply requirements. Clothing, equipment, and supplies must include at a minimum the applicable items in each of the following subsections:

(a) Sunscreen if appropriate for the environmental conditions generally expected for the area and season.

(b) Insect repellent if appropriate for the environmental conditions generally expected for the area and season.

(c) A commercial backpack or the materials to construct a safe backpack or bedroll.

(d) Personal hygiene items necessary for cleansing.

(e) Appropriate feminine hygiene supplies.

(f) When the average nighttime temperature is expected to be 40 degrees Fahrenheit or higher:

(A) Wool blankets or an appropriate sleeping bag; and

(B) A tarp or poncho.

(g) Shelter from precipitation, appropriate sleeping bag, and ground pad when the average nighttime temperature is expected to be 39 degrees Fahrenheit or lower.

(h) Clothing appropriate for the temperature changes generally expected for the area.

(i) Each child in care must be provided a clean change of undergarments and socks at least once a week or an opportunity to wash his or her clothing at least once a week; and all other clothing must be reasonably clean and in good repair.

(3) Denial of clothing, equipment, and supplies. An outdoor youth program must not remove, deny, or make unavailable for any reason the appropriate clothing, equipment, or supplies required by section (2) of this rule.

(4) Monitoring. Field staff are responsible for maintaining the safety and well-being of children in care and must monitor each child in care to make sure that clothing, equipment, and supplies are maintained in a manner adequate to ensure each child in care's safety.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0921, filed 11/28/2022, effective 12/01/2022
• CWP 68-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0868, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0050 Outdoor Youth Programs: Water Requirements

An outdoor youth program must comply with all of the following requirements:

(1) Written policy. An outdoor youth program must have and follow written policy and procedures on water requirements.

(2) Water. Children in care must have access to potable water while engaged in hiking. Staff of the outdoor youth program must ensure that children in care drink a sufficient amount of water to provide adequate hydration. Staff must encourage children in care to consume at least three quarts of potable water a day.

(3) Water caches. When water caches are used, field staff must place each water cache and verify its location in advance of a group's arrival.

(4) Water from a natural source. Water from a natural source used for drinking or cooking must be treated for sanitation to eliminate health hazards. Staff must document what methods were used to sanitize the water.

(5) Electrolytes. Each group must have and use when appropriate a supply of electrolyte replacement, quantities to be determined by group size and environment conditions.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0926, filed 11/28/2022, effective 12/01/2022
• CWP 69-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0864, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0060 Outdoor Youth Programs: Nutritional Requirements

An outdoor youth program must comply with all of the following requirements:

(1) Written policy. An outdoor youth program must have and follow written policy and procedures on nutritional requirements.

(2) Menu. There must be a written menu approved by a qualified dietitian or nutritionist with knowledge of program activity levels, listing the food supplies for each group.

(3) Calories. An outdoor youth program must provide each child in care a level of nutrition which will supply the child in care's individual caloric need; but no child in care may be offered less than 3,000 calories a day. When heat is not available for cooking, an outdoor youth program must provide sufficient food of sufficient caloric value which does not require cooking.

(4) Hygiene procedures. The outdoor youth program must have reasonable hygiene procedures to prevent infection which are consistent with the particular program risk of infection.

(a) Cleansing of hands must occur after each latrine use.

(b) Means of cleansing the hands must be available to children in care prior to food preparation and prior to food consumption.

(c) A weekly opportunity for total body hygiene.

(5) Fasting. There must be no imposed fasting.

(6) Monitoring. Field staff are responsible for maintaining the safety and well-being of each child in care and must monitor each child in care's food intake to ensure that the child in care has adequate nutrition.

(7) Food must not be used for behavior modification purposes, including reward or punishment.

(8) Children in care must be permitted a reasonable amount of uninterrupted time for each meal.

History

• Statutory/Other Authority: ORS 418.240, ORS 409.050 & ORS 418.005
• Statutes/Other Implemented: ORS 409.010, ORS 418.205 - 418.325 & ORS 418.990 - 418.998
• CWP 26-2022, renumbered from 413-215-0931, filed 11/28/2022, effective 12/01/2022
• CWP 70-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0866, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0070 Outdoor Youth Programs: Safety

(1) Written policies and procedures. An outdoor youth program must have and follow written policies and procedures on all of the following:

(a) Equipment Safety Procedures, including appropriate instruction and maintenance of equipment.

(b) Environmental Hazards.

(c) Risk Management Procedures.

(d) Health, nutrition, hydration, and physical stress management.

(2) Emergency plan. An outdoor youth program must have and follow a written emergency plan for disasters, medical emergencies, hostage situations, casualties and missing children in care, and other critical incidents identified by the program. The plan must at a minimum include:

(a) Designation of authority and staff assignments;

(b) Plans for evacuation;

(c) An emergency evacuation system that is on standby;

(d) Transportation and relocation of children in care when necessary;

(e) Supervision of children in care after an evacuation or a relocation;

(f) Arrangements for medical care and notification of a child in care's physician and nearest relative, parents, or legal guardian; and

(g) A procedure for a review of the emergency plan by the local law enforcement and emergency services agencies from the area in which the outdoor youth program is operating.

(3) Emergency instruction. An outdoor youth program must instruct children in care on what to do in case of an emergency prior to any outdoor youth program activity.

(4) Emergency plan response review. In the case of the activation of an emergency plan response, the outdoor youth program must subsequently review the response in the context of the emergency plan to determine if changes need to be made to improve safety and efficiency. If local law enforcement and emergency services agencies have been involved in an emergency response on behalf of an outdoor youth program, the outdoor youth program must invite them to participate in the review of the emergency plan response.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0936, filed 11/28/2022, effective 12/01/2022
• CWP 71-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0852, 413-210-0855, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0080 Outdoor Youth Programs: Potential Weapons

(1) Written policy. An outdoor youth program must have and follow written policy and procedures on management of weapons and potential weapons.

(2) Inventory required. Staff of an outdoor youth program must inventory knives, hatchets, other edged tools, or any item which might reasonably pose a danger to self or others and complete a daily count of these items against the inventory.

(3) Supervision required. Staff of an outdoor youth program must have line of sight supervision of a child in care who is in possession of and using knives, hatchets, other edged tools, or any item which might pose a danger to self or others.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 OL 2016
• Statutes/Other Implemented: ORS 418.990 - 418.998 OL 2016, ORS 409.010 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0941, filed 11/28/2022, effective 12/01/2022
• CWP 72-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0870, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0090 Outdoor Youth Programs: Contraband

(1) Written policy. An outdoor youth program must have and follow written policy and procedures on contraband.

(2) Confiscation. Staff must confiscate contraband found in the possession of children in care in an outdoor youth program and, if stored, secure it in a location inaccessible to children in care.

(3) Disposal. It is the responsibility of the outdoor youth program to store or dispose of all contraband not confiscated by or turned over to law enforcement, in accordance with the contraband policy.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0946, filed 11/28/2022, effective 12/01/2022
• CWP 73-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-1
• CWP 28-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0880
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0100 Outdoor Youth Programs: Transportation

In addition to the requirements in OAR 419-400-0200(1), an outdoor youth program must have and adhere to a written policy on transportation that includes all of the following:

(1) The method of transportation that will be used.

(2) The circumstances when transportation is provided.

(3) How the safety and integrity of the child in care shall be maintained while being transported.

(4) That vehicles used to transport a child in care must be equipped with a red triangle reflector device for use in emergency.

(5) That all reasonable steps will be taken to assure the safety of children in care and adults traveling in off-road vehicles.

(6) Children in care must be accompanied by at least one person who has been trained in nonviolent crisis intervention and de-escalation, physical restraints (if applicable), and First Aid/CPR.

(7) Children in care may not be blindfolded or otherwise have their vision obstructed and may not be handcuffed or shackled while being transported by the program or a subcontractor of the program.

(a) If a program recommends to parents or legal guardians a transport company to bring the child in care to the program, this information shall be noted by the program in the child in care's record.

(b) The program shall inquire of each child in care brought to the program by a transport company whether he or she was blindfolded or shackled during transport to the program and not this in the child in care's record.

History

• Statutory/Other Authority: ORS 418.005
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• OTIS 57-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0956, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0846, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0110 Outdoor Youth Programs: Health Services

(1) Required physical examination. Prior to a child in care engaging in an outdoor youth program activity, an outdoor youth program must review and place in the file a physical examination report for the child in care. This information must be shared with the field staff prior to any outdoor youth program activity. The child in care's health history must be provided by a physician prior to admission, and this history plus a new physical examination must be recorded on a form provided by the program, which clearly documents the type and extent of outdoor youth program activity in which the child in care will be engaged. The examination must cover areas required by the Department and, after the appropriate consents are obtained from the child in care or child in care's legal guardian, must be completed by a licensed physician, physician's assistant or nurse practitioner, who signs the form.

(a) In addition to any other areas required by the Department, the examination must include a physical assessment based on the climate, temperature, and altitude the child in care will be participating in given the child in care 's age, weight, sex, physical condition, and recent use of drugs or alcohol, if any. The physician must state in the examination report any restrictions on the child in care engaging in strenuous exercise based on these or any other factors;

(b) If a child in care is currently taking or has been receiving prescribed medication within the past six months, a specific notation must be made on the physical examination form, by the clearing medical professional, which must include clearance for participation in an outdoor, high impact environment and a description of any possible special needs due to use of the medication in the field environment; and

(c) If a child in care is in a risk group for strenuous exercise or extreme conditions due to medical issues, written clearance must be noted on the physical examination form, stating that the child in care may participate in an outdoor youth program activity, which may:

(A) Occur in altitudes over 5,000 feet;

(B) Include strenuous exercise; and

(C) Expose child in care to cold or hot temperatures.

(d) Children in care may not participate in an outdoor youth program activity until all blood work and other laboratory work has been received and reviewed by the physician, and the physician has found that the child in care is qualified to start the program.

(2) Health information availability. An outdoor youth program must copy the health history and physical exam form and authorization to obtain medical care, maintain the original at the base of operations, and field staff must carry the copy in a waterproof container when the child in care is away from the base of operations. All medications must be listed, including dose and frequency.

(3) Appropriate health care. An outdoor youth program must ensure: through staff assignments, training, and program providers: that injuries, illness, or physical complaints by children in care will be promptly and accurately assessed; and that appropriate care is provided.

(4) Prompt first aid treatment. An outdoor youth program must provide first aid treatment in as prompt a manner as the location and circumstances allow.

(5) First aid. An outdoor youth program must have a first aid kit with sufficient supplies available at all times. The first aid kit must:-

(a) Meet the standards of an appropriate national organization for the activity being conducted and the location and environment being used;

(b) Be reviewed with new staff for contents and use;

(c) Be reviewed at least annually with all staff for contents and use; and

(d) Be inventoried after each expedition and restocked as needed.

(6) Field treatment. An outdoor youth program must immediately transport to appropriate medical care any child in care with an illness or physical complaint needing care or treatment beyond what can be provided in the field.

(7) Documentation of reports and treatment. An outdoor youth program must document complaints or reports by a child in care of illness and injuries in a daily log along with any treatment provided.

(8) Negative consequences. An outdoor youth program may impose no negative consequence on a child in care for reporting an injury or illness or for requesting to see a health care professional.

(9) Daily physical assessment. Field staff for an outdoor youth program must monitor and document child in care's hydration, skin condition, extremities, and general physical condition on a daily basis.

(10) Weekly physical assessment. A Wilderness First Responder (WFR) or equivalent, an Emergency Medical Technician (EMT), or qualified medical professional must assess each child in care's physical condition in an outdoor youth program at least every seven days. The assessment must be documented and shall at a minimum include:

(a) Heart rate;

(b) Check of extremities;

(c) Condition of skin;

(d) Allergies if any;

(e) General physical condition;

(f) Any health issues specific to the individual child in care; and

(g) Provision of appropriate medical treatment if needed.

(11) Medication storage and administration policies and procedures. An outdoor youth program must have and follow policies and procedures on the storage and administration of prescription and non-prescription medication. The policies and procedures must include contingency planning in the case of medications being lost or destroyed in the field.

(12) Medication storage. An outdoor youth program must store prescription and over-the-counter medication under lock and key safeguarded from children in care. For medications taken in the field, medication must be in the possession of a staff member and stored at required temperatures.

(13) Documentation of medications. Prescription medication in an outdoor youth program must be issued by a qualified medical professional's valid order that includes the dosage to be given. Senior field staff must administer all medication. Administration of medication must be documented and include:

(a) The name of the child in care;

(b) The name of the medication;

(c) The date and time;

(d) The amount of dosage given and whether the child in care did not take the medication; and

(e) The person who administered or assisted in self-administration of the medication.

(14) Medication changes. An outdoor youth program may not stop or change dosage or administration of prescribed medication nor discontinue any prescription without consulting with a qualified medical professional and documenting the consultation and the change.

(15) Disposal of unused medication.

(a) For purposes of this rule, "unused medication" means any medication which has not been used for 60 days, or a medication held by the facility which has been prescribed for a child in care who has been released from the facility.

(b) For purposes of this rule, "expired medication" means any medication whose designated period of potency, as indicated on the label, has expired.

(c) An outdoor youth program must return all unused or expired medication to the base of operations and dispose of it so it is not available to children in care. A field director or senior field staff must witness and document the disposal of the unused medication.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0961, filed 11/28/2022, effective 12/01/2022
• CWP 74-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0815, 413-210-0839, 413-210-0862, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0120 Outdoor Youth Programs: Staff Qualifications and Requirements

(1) Staff written policy requirements. An outdoor youth program must have written policy regarding minimum staff requirements.

(2) Verification. An outdoor youth program must verify qualifications of staff through documentation of minimum requirements for work experience, education, and classroom instruction.

(3) Required staff positions.

(a) An outdoor youth program which provides outdoor youth programming as its primary function must have an executive director. The executive director may also function as the field director if the executive director meets those qualifications. In addition to meeting the requirements in OAR 419-400-0040(3)-(4), the executive director must comply with all of the following:

(A) Be at least 25 years of age.

(B) Have one of the following qualifications at time of hire:

(i) Five years of paid full time experience in the social services or wilderness field with at least one year in a paid administrative capacity.

(ii) A Bachelor's degree and four years of paid full time experience in the social services or wilderness field with at least one year in a paid administrative capacity.

(iii) A Master's degree and three years of paid full time experience in the social services or wilderness field with at least one year in a paid administrative capacity.

(C) Have knowledge and experience demonstrating competence in the performance or oversight of the following essential job functions: program planning and budgeting, fiscal management, supervision of staff, personnel management, employee performance assessment, data collection, reporting, program evaluation, quality assurance, and developing and maintaining community resources.

(D) Demonstrate by his or her conduct the competencies required by this rule and compliance with the program policies and procedures implementing these rules.

(E) Have completed the field training as required by OAR 419-460-0150(3).

(b) Field director. An outdoor youth program must have a field director who is primarily responsible for the quality of each outdoor youth program activity, coordinates field operation, supervises direct care staff, and manages the field office. The field director must:

(A) Be at least 25 years of age;

(B) Have a minimum of 30 college level semester hours or 45 quarter hours in recreational therapy or in a related field or one year of outdoor youth program field experience;

(C) Demonstrate knowledge and understanding of applicable licensing rules;

(D) Have completed the field training as required by OAR 419-460-0150(3);

(E) Hold a Wilderness First Responder (WFR) certificate or equivalent; and

(F) Have completed an approved course in nonviolent crisis intervention.

(c) Senior field staff. An outdoor youth program must have a senior field staff working directly with each group of children in care. Senior field staff must:

(A) Be at least 21 years of age;

(B) Have an associate degree or high school diploma or equivalent with 30 college level semester hours or 45 quarter hours of study or comparable experience and training in a field related to recreation and outdoor youth program activity;

(C) Have a minimum of forty 24-hour field days of program experience or equivalent experience in outdoor programs documented in the personnel file;

(D) Have completed the field training as required by OAR 419-460-0150(3);

(E) Hold a Wilderness First Responder (WFR) certificate or equivalent; and

(F) Have completed an approved course in nonviolent crisis intervention.

(d) Field staff. Each field staff member of an outdoor youth program must:

(A) Be at least 21 years of age;

(B) Have a high school diploma, or its equivalent, or comparable experience directly relevant to assigned outdoor youth program responsibilities;

(C) Have completed the field training as required by OAR 419-460-0150(3); and

(D) Be certified to provide cardiopulmonary resuscitation (CPR) and first aid.

(4) Specific Outdoor Youth Program activity training. All staff of an outdoor youth program must have documented training and experience in conducting any outdoor youth program activity he or she is assigned to conduct.

(5) Multidisciplinary team. An outdoor youth program must have a multidisciplinary team of staff or consultants who have knowledge of the physical and emotional demands of the program and are available to children in care and staff upon the recommendation of the field director or senior field staff. The multidisciplinary team must also be available to outdoor youth program staff upon request for consultation regarding the appropriateness of admission of a child in care. At a minimum, the team must consist of:

(a) A licensed health care professional (physician, doctor of osteopathy, nurse practitioner, or physician's assistant);

(b) A treatment professional who is a licensed or certified psychologist, clinical social worker, marriage and family counselor, or professional counselor; and

(c) If the program does not exclude children in care with substance abuse problems, the multidisciplinary team must include a professional who is a Certified Alcohol Drug Counselor or who has demonstrated equivalent experience and training in the field of alcohol and drug abuse counseling.

History

• Statutory/Other Authority: ORS 418.005
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• OTIS 58-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0966, filed 11/28/2022, effective 12/01/2022
• CWP 75-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0821, CWP 28-2008, f. & cert. ef. 10-17-08
• CWP 1-2004, f. & cert. ef. 1-9-04
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0130 Outdoor Youth Programs: Staff Health Requirements

An outdoor youth program must comply with all of the following requirements:

(1) Staff health requirements. The outdoor youth program staff members having responsibility for children in care must be free of infectious diseases and must be capable of competently fulfilling all responsibilities reasonably associated with their employment.

(2) Health history questionnaire. As part of orientation, and annually thereafter, staff must complete a health history questionnaire similar to that completed by the children in care entering the program. It must include injuries or ailments that might affect the ability to function well in the field, or put other field staff or children in care at risk of injury or infection.

(3) Health history questionnaire content. The health history questionnaire must include, but not be limited to, the following content areas:

(a) Standard physical health questions, including history of infectious diseases;

(b) History of physical injuries; and

(c) History of drug or alcohol abuse or dependence that required residential or outpatient treatment, or that might currently interfere with employment responsibilities.

History

• Statutory/Other Authority: ORS 418.005
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0971, filed 11/28/2022, effective 12/01/2022
• CWP 76-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0824, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0140 Outdoor Youth Programs: Physical Activity Limits and Requirements

An outdoor youth program must comply with all of the following requirements:

(1) Physical capability. Physical activity may not exceed the physical capability of a child in care. Field staff must monitor the physical capability and condition of each child in care to ensure that the outdoor youth program activity does not exceed the child in care's capability.

(a) The program may not assign extremely strenuous exercise at any time.

(b) A child in care when hiking may not carry a backpack and other equipment which exceeds their physical abilities.

(c) Staff shall assist children in care in ensuring that backpacks are packed in a manner that allows them to be comfortably worn.

(d) Children in care shall have breaks prior to becoming weary to avoid risk of injury. Breaks shall be frequent and long enough to recover and return to the outdoor youth program activity.

(e) All children in care in a group shall hike at the speed at which the slowest child in care is capable.

(2) Environmental conditions. Staff of the outdoor youth program must consider environmental conditions including, but not limited to temperature, humidity, and precipitation, when planning an outdoor youth program activity so as to minimize the risk of harm (such as heatstroke, frostbite, and hypothermia) to participants.

(3) Acclimation to environment. Staff must closely monitor children in care for acclimation to the elevation and temperature of the environment for the first 72 hours of each child in care's stay in the program to ensure safe assessment of fitness.

(a) Staff must monitor and document each child in care's physical assessment at least three times per day, and more often if the child in care is exhibiting signs of exhaustion or fatigue. The physical assessment must meet the same criteria as described in OAR 419-460-0110(10).

(b) Staff shall assess each child in care's level of overall fitness, and readiness mentally and physically to engage in more demanding exercise during this time period.

(4) Log. There must be a common daily log, which is signed and dated by the participating senior staff daily. The log must:

(a) Contain information on health problems, accidents, injuries, illnesses, medications used, behavioral problems, and unusual occurrences; and

(b) Include notation of environmental factors such as weather, temperature, and terrain.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• OTIS 59-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0976, filed 11/28/2022, effective 12/01/2022
• CWP 77-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0858, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0150 Outdoor Youth Programs: Staff Training

An outdoor youth program must comply with all of the following requirements:

(1) Written policies, procedures, and training curriculum. An outdoor youth program must have written policies, procedures, and training curriculum regarding minimum requirements for orientation, field training, and ongoing training.

(2) Orientation. Each employee must complete orientation before having any contact with children in care or prospective children in care. The orientation training must include at a minimum:

(a) Outdoor youth program mission and goals, including admissions criteria and services provided.

(b) Personnel structure of the outdoor youth program, including an organizational chart and job descriptions which accurately reflect the responsibilities of staff positions involved in the care and management of children in care, and the management and supervision of field staff;

(c) Overview of the quality improvement program, including the critical incident program;

(d) Risk management procedures and safety precautions;

(e) Instruction in discipline and behavior management policies and procedures of the outdoor youth program, including de-escalation and the use of physical restraint, if applicable;

(f) Instruction in physical assist policies and procedures of the outdoor youth program;

(g) Review and discussion of all other policies relevant to field staff responsibilities, such as clothing, nutrition, vehicle use, communication methods, cooking and camping equipment, and their use; and

(h) Emergency plan.

(3) Field training. Each field staff must receive a minimum of seven days of field training and must be assessed by the field director or designee for each of the following minimum required field skills before assuming sole supervision of children in care:

(a) Water, food, and shelter procurement, preparation, and conservation.

(b) "Leave No Trace Principles" for outdoor youth program activity. For purposes of this rule, "Leave No Trace Principles" mean wilderness and land use ethics which are designed to minimize the impact of visitors to back country areas. The principles include: Plan Ahead and Prepare, Travel and Camp on Durable Surfaces; Pack it in, Pack it Out; Properly Dispose What You Can't Pack Out; Leave What You Find; and Minimize Use and Impact of Fire.

(c) Recognition and management of the presenting issues of the children in care served, including mental health and substance abuse issues.

(d) Instruction in safety procedures and safe use of fuel, fire, and life protection equipment.

(e) Sanitation procedures related to food, water, and waste.

(f) Special instruction to ensure proficiency in each specific outdoor youth program activity for staff who conduct and staff who supervise an outdoor youth program activity.

(g) Wilderness medicine, including health issues related, but not limited to:

(A) Acclimation.

(B) Exposure to the environment and environmental elements.

(C) Signs, symptoms, and treatment of water intoxication and dehydration.

(D) Foot blisters.

(E) Diarrhea.

(F) Recognizing differences between symptoms of a health concern and behavioral issues.

(G) Bites and Stings.

(H) Allergic reactions.

(I) Gender specific health issues.

(h) First aid kit contents and use.

(i) Basic navigation skills including understanding of contour maps, use of compass, and navigation using the positions of sun, moon, and stars to determine direction.

(j) Local environmental precautions, including terrain, weather, insects, poisonous plants, wildlife, and proper response to adverse situations.

(k) Critical incident prevention, identification, and response.

(l) Knowledge of and ability to implement the emergency plan of the outdoor youth program.

(m) Report writing, including development and maintenance of logs, journals, and incident reports.

(n) Other skills as required by the outdoor youth program.

(4) Sole supervision. No staff member of an outdoor youth program may provide sole supervision of program children in care prior to:-

(a) Successful completion of orientation and field training; and

(b) Documented assessment by a senior field staff member of:

(A) Effective understanding of the supervision structure of the outdoor youth program, who is responsible, and to whom staff can refer questions or problems; and

(B) Understanding, knowledge, and compliance with the behavior management policies of the outdoor youth program.

(5) Ongoing training. An outdoor youth program must provide ongoing training for field staff to maintain and upgrade their skills.

(6) Documentation of training. An outdoor youth program must document the training received by each staff member and volunteer in their personnel file. For each training session, the documentation shall include the name and qualifications of the person providing the training, date of training, training content, and the number of hours of the training.

History

• Statutory/Other Authority: ORS 418.005
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0981, filed 11/28/2022, effective 12/01/2022
• CWP 78-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0830, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0160 Outdoor Youth Programs: Staff Ratios

An outdoor youth program must comply with all of the following requirements:

(1) Staff ratio policy. The outdoor youth program must have written policy and maintain documentation of program compliance on staff ratios.

(2) Group size. For a field group, the number of participants may not exceed 12 children in care.

(3) Staffing ratio. Each group of two or more children in care must be staffed as follows:

(a) By at least two staff members, one of whom must be a senior field staff member;

(b) There must be at least one staff member to every three children in care;

(c) Where the gender of a group of children in care is mixed, there must be at least one female staff and one male staff member;

(d) There must be a minimum of five years difference in age between a direct care staff member and the child in care for whom the staff member has sole supervision; and

(e) Volunteers and interns may not be included in the staff ratio unless they meet the qualifications required of staff.

(4) Wilderness first responder (WFR). At least one staff member per group of children in care must have a current Wilderness First Responder (WFR) Certificate or equivalent.

(5) Nonviolent crisis intervention training. At least one staff per group of children in care must be trained in nonviolent crisis intervention.

(6) Field staff training.

(a) There may not at any time be more than one staff member who has not completed all field training.

(b) Where there are four or more children in care, at least two staff members must have completed all field training.

(7) Stationary Outdoor Youth Program staffing ratios.

(a) There must be at least one staff member to every three children in care while a stationary outdoor youth program is engaging in an outdoor youth program activity, whether at or away from the stationary camp.

(b) A stationary outdoor youth program when not engaged in an outdoor youth program activity at the stationary camp is exempt from the one staff member to every three children in care staffing ratio. Staff ratios must be established to provide supervision and protection for children in care and must be adequate in relationship to the type of program, location of program, age and type of children in care served, physical plant design, location and ability of supervisor to respond, backup systems, or any other means to assure a high standard of supervision and protection:

(A) There must be at least one staff member to every 10 children in care during the time children in care are awake and present in the program.

(B) There must be at least one staff member on duty to every 14 children in care during sleeping hours. If staff is sleeping, there must be at least one staff member on duty to every seven children in care during sleeping hours.

History

• Statutory/Other Authority: ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0986, filed 11/28/2022, effective 12/01/2022
• CWP 79-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0827, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0170 Outdoor Youth Programs: Age Grouping

An outdoor youth program must comply with all of the following requirements:

(1) Minimum Age. A child in care in the outdoor youth program must be at least 10 years of age.

(2) Grouping. The outdoor youth program must have policy and documentation regarding age grouping. An outdoor youth program may place children in care in groups only after taking into consideration these factors: the age, developmental level, physical maturity, social maturity, behavioral functioning, cognitive level, diagnosis (if any), and individual needs of each child in care.

(3) Placement of youth age 10 years through 12 years. An outdoor youth program may place children in care 10 years of age through 12 years of age only in a program component designed for this age group, unless the outdoor youth program has been granted an exception by the Department licensing coordinator.

(4) Placement with adults. If the outdoor youth program serves children in care age 18 years of age or older, it may place children in care under the age of 18 in the same group with children in care age 18 and older only after taking special care to assess and minimize the risk to children in care under the age of 18.

(5) Placement decisions. An outdoor youth program must make placements of children in care in groups to maximize each child in care's functioning and minimize the possibility of exploitation. In making the placement decision in section (4) of this rule or in deciding to request an exception to place a child in care age 10 years of age through 12 years of age in an older group, an assigned staff member with documented experience placing children in care in groups and who is familiar with the outdoor youth program must:

(a) Base the placement on the factors listed in section (2) of this rule;

(b) Document the basis for the decision and the appropriateness of the placement in the child in care's service plan; and

(c) Review the therapeutic appropriateness of the decision every week after the placement, document whether the decision remains appropriate, and make any changes indicated.

History

• Statutory/Other Authority: ORS 418.005
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0991, filed 11/28/2022, effective 12/01/2022
• CWP 80-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0818, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0180 Outdoor Youth Programs: Referral and Initial Evaluation of Youth

(1) Affirmative duty to gather sufficient information. An outdoor youth program has an affirmative duty to make reasonable efforts to gather sufficient information to determine the appropriateness of the child in care for the outdoor youth program.

(2) Referral. An outdoor youth program must have a policy that addresses the process by which children in care are referred to the outdoor youth program. The policy must include all of the following:

(a) From whom referrals are accepted and whether the program has any type of relationship with the source of referral, including payment for any services provided by the source of the referral to the program.

(b) On what basis children in care are accepted by the outdoor youth program.

(c) How information necessary to provide for the safety and care of children in care will be provided to the appropriate care staff.

(3) Exclusionary policy.

(a) An outdoor youth program must have a written policy that describes any exclusionary criteria for the program.

(b) The outdoor youth program must exclude or have a written policy and must document in the child in care's service plan describing how the program will provide safe and effective treatment specific to each of the following:

(A) Children in care with current risk of fire setting behaviors.

(B) Children in care with active psychosis.

(C) Children in care with current risk of suicide.

(D) Children in care with current risk of harm to self or others.

(E) Children in care with any significant mental health diagnosis.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0992, filed 11/28/2022, effective 12/01/2022
• CWP 81-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13

Or. Admin. R. 419-460-0190 Outdoor Youth Programs: Program Services

(1) Admissions assessments. An outdoor youth program must perform an admission assessment on each child in care.

(a) Admissions process. An assigned staff member with documented experience in the area of admissions screening and assessment, who is familiar with the outdoor youth program, must complete an individual admissions assessment for each child in care prior to enrollment.

(b) Admissions to be based on admissions assessment. The outdoor youth program must base admission of each child in care on the individual admissions assessment. The assessment must be the basis for the child in care's service plan. The assessment must include all of the following components:

(A) Social history including home, community, and environment.

(B) Health history, including current prescriptions and over the counter medication;

(C) Psychological history, including behavior problems, aggression, substance abuse, family dynamics, prior evaluations, and any previous treatment.

(D) For a child in care with indications of a mental health diagnosis, the assessment must include a determination by a licensed, certified, or registered mental health professional whether the outdoor youth program is appropriate and how the program activities will address the child in care's needs, or whether another type of mental health treatment is indicated for the child in care before the child in care enters the field portion of the outdoor youth program.

(i) If the program has reasonable grounds to believe that a child in care for whom admission is sought has a mental health diagnosis, the program must require the submission of an evaluation, completed not more than 90 days previously, of the child in care's mental health condition by a clinical psychologist of psychiatrist.

(ii) The evaluation described in subparagraph (i) of this paragraph and other available evaluations and relevant documentation must be reviewed by a qualified mental health professional who must describe in writing how the treatment to be provided at the outdoor youth program is appropriate for the identified mental health diagnosis. This description must include how the activities of the program will address the needs of the child in care and relate to the child in care's service plan.

(E) For a child in care with indications of substance abuse, the assessment must include a determination by a professional in chemical dependency whether detoxification is indicated for the child in care before the child in care enters the field portion of the outdoor youth program.

(c) Consultation and additional information. If after a review of the components required by the Admissions Assessment, there is any question as to the appropriateness of admission of a child in care, the assigned staff member must consult with the Multidisciplinary Team and document the decision. If the information available about the child in care is inadequate for the determination of appropriateness for the outdoor youth program, the outdoor youth program must require additional necessary information which may include evaluations by consulting professionals.

(d) Evaluation of appropriateness of admission. Each admissions assessment must include a summary evaluation of the appropriateness of the admission of the child in care into the outdoor youth program.

(e) Field entry.

(A) An outdoor youth program must conduct an interview and orientation with each child in care before the child in care leaves for the field portion of the program away from the main base of operations.

(B) The field director or senior field staff assigned to the child in care's field experience must conduct an interview with the child in care prior to entrance into the field; and

(C) The medically trained field staff assigned to the child in care's field experience must conduct a review of the child in care's health history and physical examination report.

(2) Service planning. Each child in care must be served according to a service plan, developed by the outdoor youth program staff and including, whenever possible, the program director, child-care workers, other involved professionals, the child in care, and his or her family. The program must make every effort to secure the participation of the legal guardians in planning, and, if they do not participate, must document the reasons why. An outdoor youth program has an affirmative responsibility to provide competent individualized service planning for each child in care to include ongoing evaluation and change as needed. Service planning time lines must be as follows:

(a) Initial service plan. An outdoor youth program must write the initial service plan based on the admission assessments, all referral documents, and the child in care's individual needs on or before admission, and provide a copy to the senior field staff upon the child in care's entry into the outdoor youth program.

(b) Updated service plan. Within 14 days of the date the child in care enters the field, the outdoor youth program must write an updated service plan based on field observations and additional information received (family information, medical reports, and child in care disclosures). If a child in care has a significant mental health diagnosis, the service plan must specify how and by whom the treatment related to the diagnosis will be addressed.

(c) Monthly review. The outdoor youth program must review and update the service plan monthly, and document the review. Changes in the service plan must be promptly shared with the child in care and the child in care's legal guardian.

(d) Discharge summary. The discharge summary must include a written summary of the child in care's participation and progress achieved, results of evaluations, conditions of the child in care, interactions of child in care and staff, briefings and debriefings, compliance with program policies and procedures, and recommendations. The discharge summary must be retained in the child in care's file and a copy provided to the child in care's legal guardians.

(3) Areas of emphasis in the service plan and planning process. It is the intent of the Department that an outdoor youth program must make every reasonable effort to ensure participation by the child in care's family in all aspects of the service and service planning process. To that end, the outdoor youth program staff must:

(a) Encourage parent participation in the intake process;

(b) If the child in care's parent or legal guardian cannot participate in the intake process, ensure participation in the intake process by those responsible for the environment in which the child in care resides prior to placement with the outdoor youth program;

(c) Support the family and those responsible for the environment in which the child in care resides during intervention activities, including alternate suggestions for any child in care not accepted at intake;

(d) Consider the family's responsibility, needs, and values in the planning and service process;

(e) Provide an orientation procedure for the child in care and his or her family;

(f) Ensure that information regarding significant events in the child in care's family is passed on to appropriate staff members;

(g) Review service plans, activities, and progress with the family monthly; and

(h) Ensure that the educational needs of the child in care are an integral part of the service plan. Children in care who have not graduated from high school must have access to an appropriate education that affords sufficient transferable credits for the child in care to stay on course to graduate.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-0996, filed 11/28/2022, effective 12/01/2022
• CWP 82-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0812, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0200 Outdoor Youth Programs: Critical Incident Program

(1) Quality improvement program. An outdoor youth program must have a written quality improvement program which identifies and defines critical incidents, includes a response to each type of critical incident, and includes procedures for the review of critical incidents.

(2) Critical incident training. An outdoor youth program must train staff in critical incident prevention, identification, and response.

(3) Documentation of critical incidents. The outdoor youth program staff must document each critical incident as follows:

(a) Record each incident in the common daily log and complete an incident report immediately following the incident;

(b) Categorize each incident as to type and seriousness;

(c) Record the results of staff debriefing of each critical incident; and

(d) Management must document review of each critical incident report within 24 hours of receipt.

(4) Review of critical incidents. An outdoor youth program must have procedures for review of critical incidents which include management and board review of critical incidents and a process for deciding if revisions to program policy and procedures, operations, or training are warranted for quality improvement.

(5) Documentation of critical incident review. An outdoor youth program must document in writing the process and results of its review of critical incidents and resulting program quality improvements if any and must provide this information to staff.

(6) Near miss. An outdoor youth program must review any near miss and determine whether to respond to it as if it were a critical incident in accordance with this rule. For purposes of this rule, "near miss" means:

(a) A close call;

(b) A potentially dangerous situation where safety was compromised, but that did not result in injury; or

(c) An unplanned and unforeseen event after which those involved express relief that the incident ended without harm.

History

• Statutory/Other Authority: ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-1001, filed 11/28/2022, effective 12/01/2022
• CWP 83-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0860, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0210 Outdoor Youth Programs: Field Activities

An outdoor youth program must comply with all of the following requirements:

(1) Written description. There must be a written description of each field outdoor youth program activity and a schedule, including a detailed itinerary.

(2) Staff briefing. The executive director, field director, or designee must brief staff entering the field. The briefing at a minimum must include:

(a) The planned route, terrain, time schedule, weather forecast, and any potential hazards;

(b) Any procedures unique to that field experience; and

(c) The background of the child in care and any potential problems.

(3) Itinerary. Field staff must carry map routes, anticipated schedules, and times when a group is in the field.

(4) Supervision. The field director or designee must conduct and document supervisory evaluation of each child in care and staff in a field group at least every seven days, either in person or through Department approved procedures. If the planned itinerary is longer in duration than three weeks, the field director or designee must make onsite visits at minimum increments of three weeks.

(5) Staff debriefing. The field director or designee must debrief staff after they return from the field.

(a) An outdoor youth program must document the debriefing of staff (whether individual or group) received by each staff member in his or her personnel file.

(b) For each debriefing session, the documentation must include the name and qualifications of the person providing the debriefing, the date of the debriefing, any performance issues, and the length of time of the session.

(6) Child in care debriefing. The field director or designee must debrief a child in care after returning from the field. The debriefing must at a minimum:

(a) Include a written summary of the child in care's participation and progress achieved;

(b) Be provided in written form to the child in care's parents or guardian; and

(c) Legal guardians and child in care must be given the opportunity and encouraged to submit a written evaluation of the outdoor youth experience, to be maintained by the outdoor youth program.

(7) Documentation. An outdoor youth program must document results of the evaluation of the conditions of the child in care, interactions of child in care and staff, briefings, debriefings, and compliance with program policies and procedures, and include them in the child in care's record and discharge summary.

History

• Statutory/Other Authority: ORS 418.005
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-1006, filed 11/28/2022, effective 12/01/2022
• CWP 84-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0833, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0220 Outdoor Youth Programs: Communication

(1) For purposes of this rule, a "Global Positioning System receiver" means a receiver which receives signals from a network of 24 satellites known as the Global Positioning System (GPS) and identifies the receiver's location: latitude, longitude, and altitude to within a few hundred feet.

(2) Communication and support system. An outdoor youth program must maintain a communication system that includes the use of Global Positioning System receivers, two way radio communication, and cell phone communication; or follows the applicable land managing agency requirement and includes:

(a) Reliable communication between each group and the base of operations; and

(b) A back up plan for re-establishing communication to be implemented in the event regular communication fails.

(3) Communication requirements. An outdoor youth program must have a reasonable communication plan which is sufficient to provide routine and emergency care and takes into consideration individual child in care needs and terrain considerations.

(a) There must be oral communication between each field group and the base of operations on a regularly scheduled basis according to program procedures, unless special documented arrangements have been made;

(b) In no case may the absence of oral communication between a field group of children in care and the base of operations exceed 72 hours, unless the Department has approved an exception for alternate program procedures for communication; and

(c) In no case may a field group of children in care be more than one hour away from the ability to make contact with emergency services.

(4) Emergencies. The base of operations support personnel for an outdoor youth program must have immediate access to emergency telephone numbers, contact personnel, and procedures for an emergency evacuation or critical incident requiring emergency medical support.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-1011, filed 11/28/2022, effective 12/01/2022
• CWP 85-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0836, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0230 Outdoor Youth Programs: Work

In compliance with child labor laws, an outdoor youth program may as a constructive experience give children in care non-vocational work assignments, which are age appropriate and within the child in care's capabilities. The primary purpose of work may not be to substitute for paid labor for the benefit of the outdoor youth program, nor may it be to discipline the child in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.325 & ORS 409.010
• CWP 26-2022, renumbered from 413-215-1016, filed 11/28/2022, effective 12/01/2022
• CWP 86-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0841, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0240 Outdoor Youth Programs: Animals and Pets

An outdoor youth program must comply with all of the following requirements:

(1) Animals and pets must be free from disease and cared for in a safe and clean manner.

(2) An outdoor youth program must take reasonable measures to assure that children in care are not exposed to danger from animals.

(3) All domestic animals and pets must be vaccinated against rabies. Documentation of the vaccination against rabies must be available in the responsible employee's personnel file.

History

• Statutory/Other Authority: ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325
• CWP 26-2022, renumbered from 413-215-1021, filed 11/28/2022, effective 12/01/2022
• CWP 87-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0843, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0250 Outdoor Youth Programs: Solo Experiences

If an outdoor youth program conducts individual or separate components for child in care (solo experiences) as part of the therapeutic process, the program must have and follow written policies and procedures. The policies and procedures at a minimum must require all of the following:

(1) Individual solo plan. Each child in care participating in a solo experience must have a plan which includes goals, methods, techniques, time frames, and takes into consideration the maturity, health, and physical ability of the child in care.

(a) The child in care must be instructed on the solo experience and individual plan including expectations, restrictions, communication, environment, and emergency procedures;

(b) Each child in care must have and receive instruction on a back-up plan in case the primary plan does not work; and

(c) A designated staff member must be responsible for coordination and implementation of the plan.

(2) Environmental requirement. Staff must be familiar with the site chosen to conduct solo experiences and must pre-investigate the site to ensure the terrain is appropriate for the skill level of the child in care and that hazardous conditions are considered. Staff must make arrangements for medication, food, and water drops if needed.

(3) Supervision. Plans for supervision must be in place during the solo experience, including the assignment of a staff member responsible for the supervision of the child in care, and procedures for placement, supervision, and observation of the child in care. Supervision must include communication systems, visual checks, and regular checks of the child in care's emotional and physical condition.

(4) Emergency procedures. In addition to the requirements of the Emergency Plan section of these rules (OAR 419-460-0070), solo emergency plans must include, but are not limited to: instructing the child in care on the safety and emergency procedures, establishing an effective system for emergency communication available at all times, instruction of other children in care on how to respond if the emergency notification system is put into use, and a check-in system should an emergency occur.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• OTIS 60-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-1026, filed 11/28/2022, effective 12/01/2022
• CWP 88-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0849, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Or. Admin. R. 419-460-0260 Outdoor Youth Programs: Behavior Management

An outdoor youth program must comply with all of the following requirements:

(1) If a child in care refuses or is unable to hike, a contingency plan must be developed based on Department approved policies and procedures. The contingency plan must ensure that if the group of children in care is split, there is proper staff coverage for each group of children in care, and communication between the groups of children in care is maintained.

(2) Physical assist.

(a) "Physical assist" means action by staff members to physically aid, support, or redirect children in care who are not resisting. A physical assist includes staff leading children in care along the trail, moving the child in care to his or her campsite by gently pulling on a backpack strap, guiding him or her by the hand or elbow, or placing a hand on the child in care's back. The child in care may not want to be physically assisted, but he or she does not offer resistance.

(b) Appropriate use of a physical assist occurs when staff members physically aid, support, or redirect children in care who are not physically resisting. If a child in care resists reasonable staff direction, staff must assess whether the use of restraint is warranted based on the written nonviolent restraint policy of the outdoor youth program. An intervention becomes a physical restraint when the child in care resists, has "dug in his or her heels", and is propelled or held still against that resistance. Staff members must comply with all applicable physical restraint regulations, including OAR 419-400-0150.

(3) Time out.

(a) For purposes of this rule, "time out" means imposed separation of a child in care from any group activity or contact as a means of behavior management.

(b) An outdoor youth program may use time out only when a child in care's behavior is disruptive to the child in care's ability to learn, to participate appropriately, or to function appropriately with other child in care or the activity.

(c) The outdoor youth program must designate a staff member to be responsible for visually observing the child in care at random intervals at least every 15 minutes.

(d) If the duration of a time out exceeds one hour, or there is visual separation of the child in care, the outdoor youth program must write an incident report in sufficient detail to provide a clear understanding of the incident or behavior which resulted in the child in care being placed in time out, and staff's attempts to help the child in care avoid time out. The child in care's legal guardians must be provided with a copy of the documentation of each time out under this subsection within 72 hours.

(e) The outdoor youth program must reintroduce a child in care to the group in a sensitive and non-punitive manner as soon as control is regained.

(f) If there are timeouts equaling more than 3 hours within a 24 hour period, the executive director or designee must conduct a review to determine the suitability of the child in care remaining in the outdoor youth program, whether modifications to the child in care's plan are warranted, and whether staff need additional training in alternative therapeutic behavior management techniques. The outdoor youth program must take appropriate action as a result of the review.

(g) Time outs may be assigned by staff or self-imposed.

(h) Children in care may not be physically restrained because the child in care leaves an assigned time-out.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325
• OTIS 61-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-1031, filed 11/28/2022, effective 12/01/2022
• CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022
• CWP 89-2020, minor correction filed 01/15/2020, effective 01/15/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 7-2013, f. & cert. ef. 10-1-13
• Renumbered from 413-210-0872, CWP 28-2008, f. & cert. ef. 10-17-08
• SOSCF 9-2002, f. & cert. ef. 5-29-02

Division 470 RESIDENTIAL CARE AGENCIES

Or. Admin. R. 419-470-0010 Residential Care Agencies: What Law Applies

These rules, OAR 419-470-0010 to 419-470-0180, regulate a child-caring agency licensed as a residential care agency. A residential care agency must also comply with OAR 419-400-0005 to 419-400-0310.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 36-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0501, filed 11/28/2022, effective 12/01/2022
• CWP 17-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0000, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0020 Physical Plant Requirements

(1) A residential care agency may not allow children in care to have access to, or provide services regulated by these rules (OAR 419-470-0010 to 419-470-0170) in, a building unless the building has been certified as meeting all applicable state and local construction-related requirements for a building used by the residential care agency.

(2) A residential care agency must meet all of the following requirements:

(a) All buildings where children in care are present must be smoke-free.

(b) All buildings owned, maintained, or operated by the residential care agency to provide services to children in care must meet all applicable state and local building, electrical, plumbing, and zoning codes.

(c) All areas of buildings where children in care are present must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing, and electrical systems must be functional and in good repair.

(d) Each room used by children in care must have floors, walls, and ceilings that meet the interior finish requirements of the applicable Oregon Structural Specialty Code (see the current version of OAR 837-040-0140) and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020) and be free of harmful drafts, odors, and excessive noise.

(e) Each room used by children in care must be adequate in size and arrangement for the purpose in which it is used.

(f) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout each facility.

(g) Water systems serving the property must be installed and maintained in compliance with applicable drinking water regulations (see OAR chapter 333) from the Public Health Division of the Oregon Health Authority.

(h) Heat and ventilation.

(A) Buildings must be ventilated by natural or mechanical means and must be free of excessive heat, condensation, and obnoxious odors.

(B) Room temperature must be maintained within a normal comfort range.

(i) Water temperature and access to water:

(A) A continuous supply of hot and cold water, installed and maintained in compliance with this rule and OAR 419-470-0030, must be distributed to taps conveniently located throughout each building used to provide services or housing for children in care.

(B) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in each building used to provide services or housing for children in care.

(C) Each child in care who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff member of the residential care agency.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.310
• OTIS 37-2023, minor correction filed 06/06/2023, effective 06/06/2023
• CWP 26-2022, renumbered from 413-215-0511, filed 11/28/2022, effective 12/01/2022
• CWP 18-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 33-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-470-0030 Room and Space Requirements

A residential care agency must meet all of the following room and space requirements:

(1) All parts of the facility must ensure the safety of the children in care.

(2) Living area. A separate living room or lounge area must be available for the exclusive use of residents, employees, and invited guests with a minimum of 15 square feet per child in care.

(3) Bedrooms. Bedrooms for children in care may not be exposed to drafts, odors, or noises that interfere with the health or safety of the occupants. Each bedroom must comply with all of the following requirements:

(a) Have adequate furnishings and personal items for the children in care residing in them.

(b) Be separate from the rooms used for dining, living, multi-purpose, laundry, kitchen, or storage.

(c) Meet Oregon Fire Code requirements relating to egress from the building.

(d) Be an outside room, with a window that operates as designed. If the window is modified from its original design, the fire marshal must approve the modification and indicate the room still meets applicable Oregon Fire Code.

(e) Have a ceiling height of at least 90 inches.

(f) Have a minimum of 60 square feet per occupant.

(g) House no more than 25 children in care in one room when a dormitory-style sleeping arrangement is used.

(h) Have permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(i) Have a window covering on each window to ensure privacy.

(j) Contain beds for children in care that meet both of the following requirements:

(A) There must be at least three feet between beds, including trundle beds if used; and

(B) Bunk beds, if used, must be maintained to ensure safety of the children in care.

(4) Bathrooms.

(a) Bathrooms must be provided and be conveniently located in each building containing a child in care's bedroom, and must have all of the following:

(A) A minimum of one toilet for every eight children in care.

(B) A minimum of one hand-washing sink with mixing faucets for every eight children in care. The sink may not be used for the preparation of food or drinks or for dish washing.

(C) A self-closing metered faucet, if used, that provides water flow for at least 15 seconds without a need to reactivate the faucet.

(D) Hot and cold running water, as well as soap and paper towels available at sinks, or, other hand-drying options approved by the local health department.

(E) One bathtub or shower for every 10 children in care.

(F) Arrangements for individual privacy for each child in care.

(G) A window covering on each window to ensure privacy.

(H) Permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(I) Adequate ventilation.

(b) Use of wooden racks over shower floors is prohibited.

(c) When impervious shower mats are used, they must be disinfected and dried at least once per day, be in good condition, and free of mold.

(5) Dining area. A separate dining room or area must be provided for the exclusive use of children in care, employees, and invited guests. The dining area must have the capacity to seat at least one-half of the children in care at one time and must contain a minimum of 15 square feet per child in care.

(6) Kitchen.

(a) Kitchens must be used exclusively for storage, food preparation, dish washing, and other activities related to eating and may not, except as provided in OAR 419-470-0070, be used for children in care's activities other than eating and food preparation activities.

(b) The walls, floors, and floor coverings of all rooms in which food or drink is prepared or stored or utensils are washed or stored must be smooth, washable, and easily cleanable.

(c) All equipment and utensils used for food service, including plastic ware and food-contact surfaces, must be easily cleanable, durable, nontoxic, and nonabsorbent, and must be maintained in a clean and sanitary condition.

(d) All equipment used for food preparation must be installed and maintained in a manner that provides ease of cleaning beneath, between, and behind each unit.

(7) Laundry area. Laundry facilities, when provided, must be separate from all of the following:

(a) Living areas, including bedrooms for children in care.

(b) Kitchen and dining areas.

(c) Areas used for the storage of un-refrigerated perishable food.

(8) Storage. Separate storage areas must be provided for each of the following:

(a) Food, kitchen supplies, and utensils.

(b) Clean linens.

(c) Soiled linens and clothing.

(d) Cleaning compounds and equipment.

(e) Poisons, chemicals, pest and rodent control products, insecticides, and other toxic materials that must be properly labeled, stored in the original container, and kept in a locked storage area.

(f) Outdoor recreational and maintenance equipment.

(9) Outdoor activity area. A usable out-of-doors activity area must be provided that is:

(a) Protected from vehicular traffic and other hazards.

(b) Of a size and availability appropriate to the age and needs of the children in care.

(10) Classrooms and school buildings, if used, must be adequate in size and arrangement for the programs offered.

(11) Time-out rooms. Rooms used for time out or quiet time must have adequate space, heat, light and ventilation and must not be capable of locking.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0516, filed 11/28/2022, effective 12/01/2022
• CWP 19-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0100, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0040 Furnishings and Personal Items

A residential care agency must meet all of the following requirements:

(1) Furniture. Adequate furnishings must be provided for each child in care including, but not limited to:

(a) A bed, including a frame;

(b) A clean, mattress in good condition, with a minimum thickness of five inches;

(c) A pillow in good condition; and

(d) A private dresser, closet, or similar storage area for personal belongings that is readily accessible to the child in care.

(2) Linens. Linens in good repair must be provided or arranged for each child in care, including:

(a) A waterproof mattress cover or waterproof mattress;

(b) Sheets and pillowcase;

(c) Blankets appropriate in number and type for the season and the individual resident's comfort; and

(d) Towels and washcloths.

(3) Bedding must be changed at least weekly or when soiled and upon change of the child in care using the bedding.

(4) Personal hygiene supplies. Individual personal hygiene supplies that are appropriate to the child's age, gender, and culture must be made available to each child in care, stored in a clean and sanitary manner, and must include:

(a) A comb;

(b) Shampoo, or other hair cleansing product;

(c) A toothbrush;

(d) Soap;

(e) Deodorant;

(f) Toothpaste;

(g) Toilet paper;

(h) Menstrual supplies, if appropriate; and

(i) Other supplies that are appropriate to the child in care's age, gender, and cultural needs.

(5) Clothing. Adequate and seasonally appropriate clothing must be provided for the exclusive use of each child in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0521, filed 11/28/2022, effective 12/01/2022
• CWP 20-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0130, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0050 Residential Care Agencies: New Facility or Remodel

A residential care agency must meet all of the following requirements:

(1) Building plans.

(a) A residential care agency must submit to the Department for approval a set of plans and specifications for each building used for children in care operated by the residential care agency at each of the following times:

(A) Prior to construction of a new building.

(B) Prior to construction of an addition to an existing building.

(C) Prior to the remodeling, modification, or conversion of a building.

(D) In support of an application for initial license to operate as a residential care agency.

(b) Plans must comply with all applicable state and local requirements for a building used as a residential facility, including the Oregon Structural Specialty Code (see OAR 837-040-0140), the Oregon Fire Code (see OAR 837-040-0010 and 837-040-0020), Oregon Health Authority requirements for buildings (see OAR chapter 333), the Oregon Plumbing Specialty Code (see OAR 918-750-0110 to OAR 918-750-0115), the rules of the State Fire Marshal for buildings (OAR chapter 837), and the local building, fire, and safety codes.

(c) Plans must be drawn to scale, and must specify the date upon which construction, modification, or conversion will be completed, if applicable.

(2) Sanitarian approval. The water supply, sewage, and garbage disposal systems must be approved by a sanitarian registered with the Environmental Health Registration Board (see OAR 338-010-0025 to 338-010-0038).

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• CWP 26-2022, renumbered from 413-215-0526, filed 11/28/2022, effective 12/01/2022
• CWP 21-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 33-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-470-0060 Residential Care Agencies: Environmental Health

A residential care agency must meet all of the following requirements:

(1) The program of the residential care agency must maintain an environment that ensures safety for program staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• CWP 26-2022, renumbered from 413-215-0531, filed 11/28/2022, effective 12/01/2022
• CWP 22-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0120, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0070 Food Services

A residential care agency must meet all of the following requirements with regard to food services:

(1) Nutrition and dietary requirements.

(a) A residential care agency must arrange meals daily, consistent with normal mealtimes that occur during hours of operation and provide snacks between mealtimes.

(b) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each child in care at each meal, including snacks, adjusted for seasonal changes. Records of menus as served must be maintained in the record of the residential care agency for at least six months.

(c) Drinking water must be freely available to the children in care served by the residential care agency.

(2) Food selection, storage, and preparation.

(a) All food and drink provided by the residential care agency must be stored, prepared, and served in a sanitary manner.

(b) All employees who handle food served to children in care must have a valid food handlers card pursuant to ORS 624.570.

(c) Selection of food. All food products served by a residential care agency must be obtained from commercial suppliers, this includes grocery stores, farmer markets, food banks, except:

(A) Fresh fruits and vegetables and fruits or vegetables frozen by the residential care agency may be served.

(B) The serving of un-pasteurized juice is prohibited.

(d) Requirements related to milk.

(A) Only Grade A pasteurized and fortified milk may be served to children in care.

(B) Milk and fluid milk products must be dispensed from a commercially-filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or Oregon Department of Agriculture.

(e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the residential care agency.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0536, filed 11/28/2022, effective 12/01/2022
• CWP 23-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0150, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0080 Safety

A residential care agency must meet all of the following requirements related to safety:

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The residential care agency must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020).

(b) The residential care agency must comply with existing state and local fire safety codes.

(2) Emergency plan. The residential care agency must have, for each facility it operates, a written emergency plan that includes:

(a) Identifying the types of emergencies most likely to happen where the residential care agency is located:

(b) Identifying a place to meet for each type of emergency identified;

(c) Identifying an alternate shelter if necessary;

(d) Ensuring access to necessary medications or medical equipment;

(e) How to help each child in care recover after a disaster.

(3) Telephone numbers for local police, fire department, poison control, after hours medical advice and other appropriate emergency numbers must be posted near all telephones.

(4) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(5) Evacuation drills.

(a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the residential care agency must document the following information and retain it for a minimum of two years:

(A) Identity of the person conducting the drill.

(B) Date and time of the drill.

(C) Notification method used.

(D) Staff members on duty and participating.

(E) Number of children in care and staff evacuated.

(F) Special conditions simulated.

(G) Problems encountered.

(H) Time required to accomplish complete evacuation.

(b) The residential care agency must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0541, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0110, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0090 Health Services

(1) A residential care agency must obtain all private health record information referred to in this rule in a manner that complies with federal and state law.

(2) Medical history. Within 30 days of a child in care being placed with a residential care agency, the residential care agency must obtain available medical history and other health-related information on the child in care, including:

(a) Significant findings of the most current physical examination;

(b) The child in care's current immunizations, history of surgical procedures and significant health issues or injuries, and past or present communicable diseases;

(c) Any known allergies;

(d) Dental, vision, hearing, and behavioral health; and

(e) Physician or qualified medical professional's orders, including those related to medications, if any.

(3) Health Services. The residential care agency must provide or arrange for the following health services, as applicable:

(a) Medical exams.

(b) Information on maintaining reproductive health and birth control.

(c) Prenatal care.

(d) Well-baby care.

(e) Fetal alcohol syndrome.

(f) Accessing child and infant health insurance programs.

(g) Screening for breast and other common cancers.

(h) Provide all necessary feminine hygiene products.

(i) Access to birth control, vaccinations, and information about preventing sexually transmitted diseases.

(j) Age-appropriate consultation is provided regarding nutrition, pregnancy prevention, prevention of HIV and AIDS and general information about the prevention and treatment of sexually transmitted illnesses.

(4) Medical examinations. A residential care agency must safeguard the health of each child in care it serves by providing for a medical examination by a physician or qualified medical professional at the following intervals:

(a) Three examinations during the first year of the child's life.

(b) One examination at the age of two.

(c) One examination at the age of four.

(d) One examination at the age of six.

(e) One examination at the age of nine.

(f) One examination at the age of 14.

(g) Have a physical examination within the first 60 days after admission of a child in care. Documentation of a physical examination having occurred within the calendar year will meet this requirement.

(5) A residential care agency must have written procedures for accessing routine and urgent medical care for children in care, including obtaining necessary consents.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.327, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0546, filed 11/28/2022, effective 12/01/2022
• CWP 24-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0160, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0100 Medication

A residential care agency must meet all of the following requirements:

(1) Policy and procedures. The residential care agency must have policies and procedures that cover all prescription and non-prescription medications that address all of the following:

(a) How the medication will be administered. The policy must prohibit medication from being prepared in advance for more than one administration time or for more than one child in care .

(b) By whom the medication will be administered.

(c) How the staff of the residential care agency who administer medication will be trained. This training must address the following areas:

(A) Ensuring the right person is receiving the medication;

(B) The right medication is being administered;

(C) The right dose of medication is being administered;

(D) The medication is being administered in the right route;

(E) The medication is given at the right time; and

(F) Documentation requirements.

(d) How the administration of medication will be documented. This must include what to do if there is a charting documentation error, if a medication is refused, if a medication is missed, or any other type of medication error that results in a medication not being administered as prescribed.

(e) How the administration of medication will be monitored.

(f) How medication is stored.

(g) How unused medication will be disposed of.

(h) Self-medication of a prescription and non-prescription medication by a child in care.

(i) The program shall develop and implement a policy and procedure that ensures all orders for prescription drugs are reviewed by the individual’s primary physician, licensed physician’s assistant, nurse practitioner, or pharmacist at least every six months. When this review identifies a contra-indication or other concern, the individual’s primary physician shall be immediately notified.

(2) Program staff may not dispense medication to a child in care in any of the following situations:

(a) In excess of the prescribed amount.

(b) In Excess of the allowed amount per label instructions for over-the-counter medications.

(c) For disciplinary purposes.

(d) For the convenience of staff.

(e) As a substitute for appropriate treatment services.

(3) A prescription, signed by a physician or qualified medical professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medications prescribed for one child in care may not be administered to, or self-administered by another child in care or staff.

(4) A written approval, signed by a physician or qualified medical professional, is required for any use of herbal supplements or remedies.

(5) A written order, signed by a physician or qualified medical professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity. A written order, signed by a physician or qualified medical professional, is also required before a residential care agency imposes a restriction on diet or physical activity.

(6) Before a residential care agency permits a child in care to self-administer prescription medication, self-administration must be recommended by the qualified medical professional, approved in writing by a physician or qualified medical professional, and closely monitored by the staff of the residential care agency. When applicable, the residential care agency must maintain documentation of the continuing evaluation of the ability of the child in care to self-administer a medication.

(7) Medication storage.

(a) Prescription medications that are unused and medications that are expired or recalled may not be maintained with current medication and must be disposed of as described in agency disposal policy.

(b) The facility may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications stored in the facility must be kept in a manner that they are inaccessible to children in care and behind at least two locking mechanisms. This rule does not apply to the drug Naloxone.

(d) Medications requiring refrigeration must be refrigerated and stored behind at least two locking mechanisms.

(e) Medications must be maintained and stored in its original container, including the prescription label.

(A) Medications administered outside of the facility such as during an outing or home visit, may be stored in an appropriate, food-safe, non-toxic, sealed container other than the original container. The container must be labeled with the following information:

(i) The name of the child in care the medication is prescribed for;

(ii) The name of the medication;

(iii) The medication dosage;

(iv) The time of administration;

(v) Any instructions for administering the medication, if applicable;

(vi) The date the medication was put into the temporary container.

(B) A single container may not contain medications for more than one child in care.

(C) If a child is prescribed more than one type of medication, the medications may be combined within a single container only if the medications in the container are all scheduled to be given at the same time, and all of the information described in (A) above is listed on the container for each medication in the container.

(8) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law.

(9) A written record of all medication disposals must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the person disposing the medication, and the initials of an adult witness.

(10) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that are administered. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of the person administering the medication.

(h) Any possible adverse reactions to the medication.

(i) Documentation of any medication taken outside the facility to be administered during a home visit or other activity.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0551, filed 11/28/2022, effective 12/01/2022
• CWP 25-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 33-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-470-0110 Residential Care Agencies: Extracurricular, Enrichment, Cultural, and Social Activities

The residential care agency must:

(1) Support the child in care in his or her interests to participate in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities.

(2) Apply the reasonable and prudent parent standard when determining whether to allow a child in care in substitute care to participate in extracurricular, enrichment, cultural, and social activities.

(3) Designate at least one on-site employee authorized to apply the reasonable and prudent parent standard to decisions involving participation in age-appropriate or developmentally appropriate activities with respect to any child in care at the residential care agency. When applying the reasonable and prudent parent standard, the designated employee must consider:

(a) The age, maturity, and developmental level of a child in care.

(b) The nature and inherent risks of harm.

(c) The best interest of the child in care based on information known by the designated employee.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0554, filed 11/28/2022, effective 12/01/2022
• CWP 26-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15

Or. Admin. R. 419-470-0120 Staff Training

In addition to the requirements in OAR 419-400-0120(4) and (5), a residential care agency must meet all of the following training requirements with respect to its staff:

(1) Staff of the residential care agency must be provided with orientation training prior to working alone with a child in care and must be completed within 30 days of hire. The orientation must include training on all of the following:

(a) Discipline and behavior management protocols including de-escalation skills training, crisis prevention skills, positive behavior management, and disciplinary techniques that are non-punitive in nature and are focused on helping children in care build positive personal relationships and self-control.

(b) Cardiopulmonary resuscitation (CPR) and first aid training sufficient to retain a current certification.

(c) Universal Precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene.

(d) Application of the reasonable and prudent parent standard and age-appropriate or developmentally appropriate activities for child in care.

(e) Training on residential care agency’s policy on suicide prevention and suicide risk assessment tool.

(2) Staff of the residential care agency must receive ongoing training at least annually on all of the following:

(a) Procedures for handling environmental emergencies.

(b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene.

(c) Discipline and behavior management.

(d) Training on residential care agency’s policy on suicide prevention and suicide risk assessment tool.

(3) Staff providing direct care of children in care of the residential care agency must receive training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0556, filed 11/28/2022, effective 12/01/2022
• CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022
• CWP 27-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• CWP 33-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-470-0130 Minimum Staffing Requirements

A residential care agency must meet all of the following requirements:

(1) Minimum staffing patterns. The residential care agency must establish staff-to-child ratios that will provide adequate supervision and protection for children in care. The ratios must be adequate for the type of program, location of program, the age and type of children in care served, physical plant design, location and ability of the supervisor to respond, electronic backup systems, and other means available to ensure a high standard of supervision and protection. The minimum staffing ratios are as follows:

(a) For children in care who are under 30 months of age: one direct care staff for each four children in care.

(b) For children in care who are 30 months of age or older and either less than six years of age or non-ambulatory, one direct care staff for each six children in care.

(c) For children in care who are six years of age or older, one direct care staff for each seven children in care.

(2) Overnight staffing requirements.

(a) A residential care agency must have policies and procedures regarding overnight supervision of children in care. The procedures must describe how staff must monitor and ensure the safety of children in care during sleeping hours. If the residential care agency houses more than one child in care to a bedroom or uses dormitory-type sleeping arrangements, the procedure must specifically address those living arrangements.

(b) During normal sleeping hours, the minimum staffing requirement is one awake direct care staff on duty in the facility for each 10 children in care.

(3) Additional staffing requirements for emergency response.

(a) When there is only one staff of the residential care agency on duty in the facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes.

(b) One staff who is age 18 or over and capable of taking appropriate action in an emergency must be on site at all times when one or more child in care is present on the residential facility premises.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0561, filed 11/28/2022, effective 12/01/2022
• CWP 28-2020, minor correction filed 01/13/2020, effective 01/13/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• Renumbered from 413-210-0080, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0140 Sleeping Arrangements

A residential care agency must meet all of the following requirements:

(1) Combining children and adults. Children in care 18 years of age or older must be housed in separate bedrooms from children in care under 18 years of age, unless:

(a) A parent and child, when one or both is a child in care, share a bedroom; or

(b) The residential care agency has obtained written approval from the parent or legal guardian and the Department licensing coordinator that two children in care, one over 18 and one under 18 years of age, may share a bedroom.

(2) Special care must be taken by a residential care agency to provide adequate supervision when children in care are sleeping. Children's bedrooms for males must be separated from bedrooms for females.

(3) When assigning bedrooms, a residential care agency must consider all of the following:

(a) Chronological age;

(b) Developmental age;

(c) Gender identity; and

(d) Personal history, including medical, mental health, behavioral health, and past adverse experiences including any physical or sexual abuse.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0566, filed 11/28/2022, effective 12/01/2022
• CWP 29-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0090, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0150 Referral and Initial Evaluation of Children

(1) Referral. A residential care agency must have a policy that addresses the process by which children in care are referred to the residential care agency. The policy must include all of the following:

(a) From whom referrals are accepted.

(b) On what basis children are accepted by the residential care agency.

(c) How information necessary to provide for the safety and care of children in care will be provided to the appropriate care staff

(2) Initial evaluation of a child. A residential care agency must evaluate each child in care referred to the residential care agency. In conducting the evaluation, the residential care agency must:

(a) Request and review all available reports of the child in care's past and present behavior, educational status, and physical and behavioral health.

(b) Make a preliminary determination whether the prospective child in care has disorders, disabilities, or deficits due to mental, emotional, behavioral, or physical problems for which care, supervision, training, rehabilitation, or treatment is needed to reduce a problem, maintain present level of functioning, or clarify the ongoing placement or service needs of the child in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0571, filed 11/28/2022, effective 12/01/2022
• CWP 30-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-210-0170, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0160 Consents, Disclosures, and Authorizations

(1) Consents. For each child in care in placement with a residential care agency, the residential care agency must ensure that a parent or legal guardian signs a consent that authorizes the residential care agency to undertake each of the following:

(a) To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the residential care agency is not required to use medical, psychological or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The residential care agency must have policies and procedures for this practice, which are reviewed and approved by the child in care's parent or legal guardian.

(b) To use the discipline and behavior management system of the residential care agency.

(c) To use restraint or involuntary seclusion in the management of the child in care. The consent must specify the reasons such interventions are used by the residential care agency.

(d) To restrict the child's contact with persons outside the residential care agency, including but not limited to, visits, telephone communication, electronic mail, and postal mail, except that access to a child in care must be allowed as provided in ORS 418.305 and OAR 419-400-0230 and 419-400-0240.

(e) To allow access to a child in care as required in ORS 418.305 and OAR 419-400-0230 and 419-400-0240.

(f) To impose a dress code.

(g) To apply the reasonable and prudent parent standard to determine whether the child in care is allowed to participate in age-appropriate or developmentally appropriate activities including extracurricular, enrichment, cultural, and social activities.

(2) Disclosures to parent or legal guardian. At the time a residential care agency takes a child in care into placement, the residential care agency must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following:

(a) Information regarding any personal or room searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the residential care agency for any program-initiated room or body search.

(b) A statement concerning the rights of children in care and parents or legal guardians served by the residential care agency as provided in OAR 419-400-0090. The statement must be written in a manner that is easy to understand, and the residential care agency must ensure that the child and the parent or legal guardian understand the statement.

(c) The residential care agency will make any written policy or procedure pertaining to program services available for review by the child in care, parent, or legal guardian, upon request.

(3) Authorizations.

(a) Written authorizations to exchange information with others must be filled out prior to signatures being requested.

(b) All child-specific visitors must be approved or authorized by the parent or legal guardian, except access to a child in care must be provided as required in ORS 418.305 and OAR 419-400-0230 and 419-400-0240.

(c) Visitation resources must be pre-approved by the child's parent or legal guardian and the identity of these resources verified by the residential care agency in care.

(d) Activity-specific authorizations must be pre-approved by the child in care's parent or legal guardian to allow children to participate in potentially hazardous activities, such as using motorized yard equipment, swimming, and horseback riding.

(e) All other required authorizations must be pre-approved by the child in care's parent or legal guardian.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327, ORS 418.305 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0576, filed 11/28/2022, effective 12/01/2022
• CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022
• CWP 31-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 19-2015, f. & cert. ef. 10-1-15
• CWP 33-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-470-0170 Information About Children in Care

(1) Case files of children in care. For each child in care a residential care agency accepts for placement, the residential care agency must maintain an individual record that includes a summary sheet containing all of the following information:

(a) The name, gender, date of birth, religious preference, and previous address of the child in care.

(b) The name and location of the child in care's previous and current school.

(c) The date of admission to the program.

(d) The status of the child in care's legal custody, including the name of each person responsible for consents and authorizations.

(e) The name, address, and telephone number of:

(A) The child in care's parents.

(B) The child in care's legal guardian, if different than parents, and documentation of his or her legal relationship to the child in care.

(C) Other family members or other persons identified by the family as significant to the child in care.

(D) Other professionals to be involved in service planning, if applicable.

(f) Any required signed consents and authorizations.

(2) Service planning.

(a) All documentation, including, but not limited to service plans, daily notes, assessments, progress reports, medication records, and incident reports, must be written in terms that are easily understood by all persons involved in service planning.

(b) Intake documentation. A residential care agency must complete a written intake document containing screening information on the date the residential care agency accepts a child in care for placement except in the case of an emergency placement, when the intake document must be completed within 48 hours of admission.

(c) Each child in care must be served according to an individual written service plan developed by staff of the residential care agency and by, whenever possible, the child in care, the child's family, and other professionals involved with the child in care or family. This document must outline goals for services and care coordination.

(d) Assessment. A comprehensive assessment must be completed within the first 45 days of placement. This assessment must include relevant historical information, current behavioral observations, any identified needs for services, and a description of how the residential care agency will provide or coordinate services.

(e) Service plan and review.

(A) Within 60 days of placement, a formal service plan must be developed by staff of the residential care agency in conjunction with the child in care and his or her parents or legal guardians, and any other persons who are actively involved with the family, as appropriate.

(B) The service plan must reflect how the residential care agency will address the child in care's issues, describe the anticipated outcomes of the placement, and be reviewed and approved by the child in care and the legal guardian or parent, unless contraindicated.

(C) The service plan must be reviewed by the residential care agency at least quarterly.

(D) Service plans must be revised at any time additional information becomes available indicating that other services should be provided.

(3) Case management.

(a) The residential care agency must document services provided, and track and monitor progress toward the achievement of service plan goals.

(b) Discharge. The residential care agency must identify how a child in care's progress will be evaluated, and how the determination is made of readiness for discharge or unsuitability for continued stay.

(c) Discharge planning. Discharge planning for children in care must be a participatory decision-making process between the child in care, staff of the residential care agency, the parents or legal guardian, and significant others. As used in this rule, "significant others" mean relatives, friends, or interested members of the community.

(d) Discharge Summary. The child-caring agency must prepare a written discharge summary of each child in care served by the program and retain this document in the child in care’s file. The document must include:

(A) Current medications;

(B) Name of physician or qualified medical professional who prescribed each medication;

(C) Any outstanding medical or other appointments;

(D) A summary of the child in care’s participation in the program and the progress achieved;

(E) Results of evaluations of the child in care;

(F) Recommendations regarding services; and

(G) Discharge destination.

(e) Follow-up services. The residential care agency must identify any transitional or aftercare services or service coordination that will be offered by the program.

(f) Incident reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child's record.

(4) Financial records. A residential care agency must keep a separate written record for each child itemizing all money received or disbursed on behalf of the child in care. The record must include all of the following:

(a) The date of each receipt and disbursement and the amount of each.

(b) The source of income.

(c) The purpose of each disbursement.

(d) The signature of the person making each entry.

(e) The signature of the child in care for each entry.

(5) Personal possessions records. An individual written inventory must be maintained for each child in care of all personal possessions belonging to the child in care. The record must be updated as needed.

(6) The residential care agency will ensure, in policy and practice, that:

(a) Disallowable items are either stored, or returned to the parent or legal guardian; and

(b) All money and personal belongings are returned to the child in care at the time of discharge.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
• CWP 26-2022, renumbered from 413-215-0581, filed 11/28/2022, effective 12/01/2022
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• Renumbered from 413-120-0180, CWP 33-2008, f. & cert. ef. 10-17-08
• SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 419-470-0180 Residential Care Agencies: Notification to Public Schools

(1) This rule applies if a residential care agency intends any of the actions:

(a) To establish or expand a residential program for children.

(b) To change the type of educational services provided.

(c) To change the population of children to be served by an existing program.

(2) Prior to an action covered by section (1) of this rule, a residential care agency must notify the superintendent or school board of the local school district, in writing, three months prior to making the intended change in order for the school district to make a determination of the effect of different, or additional, services upon the facilities and programs of the district.

(3) A residential care agency must send written proof of compliance with ORS 336.575 to the Department licensing coordinator.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327 & ORS 336.575
• CWP 26-2022, renumbered from 413-215-0586, filed 11/28/2022, effective 12/01/2022
• CWP 32-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 33-2008, f. & cert. ef. 10-17-08

Division 480 SECURE TRANSPORTATION SERVICES

Or. Admin. R. 419-480-0010 Secure Transportation Services: What Law Applies

These rules, OAR 419-480-0010 to 419-480-0120 regulate a child-caring agency licensed as a secure transportation services provider. A secure transportation services provider must also comply with OAR 419-400-0005 to 419-400-0310.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 418.327
• OTIS 64-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-1102, filed 11/28/2022, effective 12/01/2022
• CWP 25-2022, amend filed 10/31/2022, effective 11/01/2022
• CWP 9-2022, temporary amend filed 06/23/2022, effective 06/23/2022 through 12/19/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0020 Secure Transportation Services: License Requirements

(1) A secure transportation services provider must be licensed by the Department to provide secure transportation or provide secure escort services to any child as defined by ORS 418.205.

(2) The following secure transportation services providers are exempt from the requirements of being licensed as a secure transportation services provider:

(a) A secure nonemergency medical transportation provider;

(b) A child-caring agency that is licensed by the Department if:

(A) The child-caring agency is not primarily engaged in the provision of secure transportation services;

(B) The child being transported or escorted is receiving services from the child-caring agency ; and

(C) The secure transportation or escort is provided consistent with OAR 419-480-0010 to 419-480-0120.

(c) An ambulance service as defined in ORS 682.025 that is transporting a child in an ambulance for the purpose of obtaining medical care; or

(d) A developmental disability residential facility subject to ORS 443.400 to 443.455, 443.830 and 443.835 if:

(A) The facility is not primarily engaged in the provision of secure transportation services;

(B) The child being transported or escorted is receiving services from the child-caring agency ; and

(C) The secure transportation or escort is provided consistent with OAR 419-480-0010 to 419-480-0120.

(3) The exemptions described in OAR 419-480-0020(2) do not apply if the child-caring agency or developmental disabilities residential facility is transporting a child for the purposes of placing the child in a facility that is not licensed by the Department or in a hospital that is not licensed by the Oregon Health Authority.

(4) In addition to the requirements in OAR 419-400-0005 to 419-400-0310, to be licensed by the Department a Secure Transportation Services provider must:

(a) Maintain general and automobile liability coverage for personal injury and death of at least $250,000 per person per incident.

(b) Maintain general and automobile liability coverage for property damage and destruction of at least $50,000 per incident.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 418.327
• OTIS 65-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-1112, filed 11/28/2022, effective 12/01/2022
• CWP 25-2022, amend filed 10/31/2022, effective 11/01/2022
• CWP 9-2022, temporary amend filed 06/23/2022, effective 06/23/2022 through 12/19/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0030 Secure Transportation Services: Service Agreement Requirements

A secure transportation services provider will create standards for all service agreements entered into for the delivery of secure transportation services for a child in care . All agreements will, at a minimum, address the following:

(1) The fee charged.

(2) A description of the services to be provided.

(3) Information collected by the secure transportation services provider to ensure the safety, physical health, mental health and well-being of the child in care including, but not limited to:

(a) Any physical limitations;

(b) Any known allergies;

(c) All medications and administration schedule(s), both prescribed and over the counter; and

(d) Any other needs as identified by the guardian.

(4) A description of the mode(s) of transportation and route that will be taken in the course of service delivery.

(5) A detailed inventory of personal belongings. This will include weather appropriate apparel.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 -418.327
• CWP 26-2022, renumbered from 413-215-1115, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0040 Secure Transportation Services: Staffing Requirements

(1) Employees, contractors, agents, and volunteers who transport a child in care shall have a valid driver’s license. The license must be the class of license, with any required endorsements, that permits the employee or volunteer to legally operate the vehicle or vehicles used for transporting children.

(2) Employees, contractors, agents, and volunteers of secure transportation services providers shall comply with any and all applicable state and local permitting, registration or licensing requirements associated with providing secure transportation services in any jurisdiction in which the services are provided.

(3) Employees, contractors, agents, and volunteers who have contact with any child in care or transport a child in care must have an approved background check per OAR 407-007-2000 to 407-007-0370; however, preliminary hiring, as described in OAR 407-007-0315, will not be permitted.

(4) Employees, contractors, agents, and volunteers who transport a child in care shall be trained in the following:

(a) Job duties and responsibilities;

(b) The transportation services provider’s policies and procedures;

(c) A nationally recognized safe driving training course within 90 days of the date of hire and at least every three years thereafter;

(d) First aid and cardiopulmonary resuscitation sufficient to retain a current certification;

(e) Universal precautions (infection control guidelines designed to protect workers and clients from exposure to diseases spready by blood and certain body fluids);

(f) Mandatory abuse reporting, approved by the Department , consistent with OAR 419-400-0120

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327
• OTIS 66-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-1119, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0050 Secure Transportation Services: Staffing Ratios

The secure transportation services provider must provide adequate supervision and protection to maintain the physical health, mental health and well-being for any child in care it is serving .

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327
• CWP 26-2022, renumbered from 413-215-1121, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0060 Secure Transportation Services: Client Records

For each child in care of a secure transportation services provider, the secure transportation services provider must maintain a record that includes all of the following information:

(1) The name, gender, and date of birth of the child in care .

(2) The date of admission to the program .

(3) The name, address, and telephone number of:

(a) The child in care's parent(s), or

(b) The child in care's legal guardian, if different than the parent(s), and a copy of the document that provides for the legal guardian’s authority over the child in care .

(4) Incident Reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child in care's record.

(5) An assessment must be completed prior to transportation services. This assessment shall be based on conversations with those knowledgeable of the child in care , such as the child in care’s parent(s) or legal guardian(s), and a review of relevant documentation. The assessment must include relevant medical and behavioral needs of the child in care.

(6) A service plan describing how the secure transportation service provider will meet the child in care’s needs identified in the assessment during the transport.

(7) Any required signed consents and authorizations.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327
• CWP 26-2022, renumbered from 413-215-1123, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0070 Secure Transportation Services: Consents, Disclosures and Authorization

(1) Consents. For each child in care the secure transportation services provider must ensure that a parent or legal guardian signs a consent that authorizes the secure transportation services provider to undertake each of the following:

(a) To provide secure transportation or escort services to the child in care.

(b) To allow access to a child in care as required by ORS 418.305.

(c) To use the behavior management systems utilized by the secure transportation services provider.

(d) To use restraint or seclusion in the management of the child in care . The consent must specify the reasons such interventions are used by the secure transportation services provider and how the employees of the secure transportation services provider are trained and supervised in the use of restraint or seclusion consistent with OAR 419-400-0150 and OAR 419-400-0180.

(2) Disclosures. At admission, the secure transportation services provider must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the secure transportation services provider will make any written policy or procedure pertaining to program services available for review by the child in care and the child’s parent or legal guardian, upon request

(3) Authorizations. Written authorization to obtain confidential health information must be specific and have an expiration date. Information may only be requested if it directly pertains to the services being provided by the secure transportation services provider.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327
• OTIS 67-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-1127, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0080 Secure Transportation Services: Policy and Procedures

Each secure transportation services provider must have and adhere to comprehensive written policies and procedures that are well organized, accessible and easy to use. In addition to other policies and procedures required by these rules, the policies and procedures must also include:

(1) Standard of conduct for all employees, contractors, agents, and volunteers who operate a motor vehicle in the course of their duties or participate in secure transport duties.

(2) How the secure transportation services provider will ensure the confidentiality of the identity and the records of any child in care.

(3) When lodging will be provided and how safety and well-being of the child in care will be maintained.

(4) Expectations of the availability and provisions for food and drinks to a child in care.

(5) How a child in care will access bathroom facilities while in the care of a secure transportation services provider.

(6) The notification of any emergency or deviation from the transportation itinerary to the parent or guardian of the child in care andhow that will be documented .

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327
• CWP 26-2022, renumbered from 413-215-1131, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0090 Secure Transportation Services: Vehicle Requirements

In addition to the rules outlined in OAR 419-480-0100(1), a secure transportation services provider must follow all provisions of this rule:

(1) When a vehicle is used in the transportation of a child in care , the secure transportation services provider shall ensure the vehicle is clean and comfortable at all times. This shall include, but is not limited to, the temperature not leaving a child in care too hot or too cold, and the ability for the child in care to see out at least one window.

(2) The vehicle shall include, but is not limited to, the following safety equipment;

(a) Safety belts, or age and size appropriate safety seats, for all passengers;

(b) A first aid kit;

(c) A flashlight;

(d) Tire traction devices when appropriate; and

(e) Disposable gloves.

(3) Vehicles owned by a Secured Transportation Services provider and used to transport a child in care shall follow a preventative maintenance schedule that incorporates maintenance and routine service intervals recommended by the vehicle manufacturer. The vehicle must be in good operating condition and shall include, but is not limited to:

(a) Side and rear view mirrors;

(b) A horn; and

(c) Working turn signals, headlights, taillights and windshield wipers.

(4) Any after market modifications made to a vehicle used to transport any child in care must be disclosed to the Department .

(5) Secured Transportation Services providers utilizing a rental car must meet the expectations described in 419-480-0090(1) to 419-480-0090(3).

(6) When a vehicle is used in the transportation of a child in care , the secure transportation services provider will ensure access to a roadside assistance provider.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327
• OTIS 68-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-1135, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0100 Secure Transportation Services: Safety

(1) The secure transportation services provider must ensure a child in care uses a seat belt or age-appropriate safety seat when transported in a motorized vehicle and that the seatbelt or safety seat mechanism is designed to be operated by the passenger without the assistance of a third party.

(2) The secure transportation services provider must prohibit any smoking, aerosolizing or vaporizing of an inhalant in the presence of a child in care.

(3) The secure transportation services provider must have an emergency plan that provides instructions for response in the event of an emergency.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327
• CWP 26-2022, renumbered from 413-215-1139, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0110 Secure Transportation Services: Referrals and Disclosures

(1) Referral. The secure transportation services provider must have a policy that addresses the process by which children in care are referred to the secure transportation services provider. The policy must include all of the following:

(a) From whom referrals are accepted, including individuals and entities.

(b) On what basis children in care are accepted by the secure transportation services provider.

(c) How information necessary to provide for the safety and care of children in care will be provided to the entity receiving the child in care from the secure transportation services provider.

(2) Disclosures. The secure transportation services provider , including providers described in 413-215-1111(2), must display the disclosure described in ORS 418.359(2) in a conspicuous location in any advertisements or promotional materials for its secure transportation services if:

(a) The provider is not licensed by the Department as a child-caring agency under ORS 418.215 or 418.240 to provide secure transportation services; and

(b) The provider holds itself out as being an Oregon provider of secure transportation services , including by registering in this state the vehicles it uses in the provision of its secure transportation services or representing or otherwise indicating in advertisements or promotional materials that the provider is based in this state, maintains a mailing address in this state or is licensed, certified or otherwise authorized by the Department or the Oregon Health Authority to provide secure transportation services or similar services in this state.

(3) The disclosure must also indicate that the secure transportation services provider is not licensed by the Department under ORS 418.215 or 418.240 to provide secure transportation services and, if applicable, the reason for the provider’s licensing exemption under 413-215-1111(2).

(4) If a provider is required to make a disclosure under these rules and is authorized by the Oregon Health Authority to provide secure transportation services, the disclosure may include a statement that the provider is authorized by the Oregon Health Authority to provide secure transportation services.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327
• CWP 26-2022, renumbered from 413-215-1143, filed 11/28/2022, effective 12/01/2022
• CWP 25-2022, amend filed 10/31/2022, effective 11/01/2022
• CWP 9-2022, temporary amend filed 06/23/2022, effective 06/23/2022 through 12/19/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Or. Admin. R. 419-480-0120 Secure Transportation Services: Medication

(1) A secure transportation services provider must have and follow written policies on the storage, dispensing, and disposal of prescription and non‑prescription medication.

(2) A prescription, signed by a physician or qualified health professional, is required before any prescription medication is administered to, or self-administered by a child in care . Medications prescribed for one child in care may not be administered to, or self-administered by another child in care . As used in this rule "self‑administration of medication" refers to the act of a placing a medication internally in, or externally on, their own body.

(3) Before a secure transportation services provider permits a child in care to self-administer prescription medication, self-administration must be approved in writing by a physician, and closely monitored by the employee of the secure transportation services provider.

(4) Medication storage. All prescription and non-prescription medications must be stored in a locked container and kept in a manner that makes them inaccessible to the child in care .

(5) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law.

(6) A written record of all medication disposals must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the person disposing the medication, and the initials of an adult witness.

(7) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that is administered. The record must include all of the following:

(a) The name of the child in care .

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of person administering the medication.

(h) Any possible adverse reactions to the medication.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240
• Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327
• CWP 26-2022, renumbered from 413-215-1147, filed 11/28/2022, effective 12/01/2022
• CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022

Division 490 THERAPEUTIC BOARDING SCHOOLS

Or. Admin. R. 419-490-0010 Therapeutic Boarding Schools: What Law Applies

These rules, OAR 419-490-0010 to 419-490-0170, regulate a child-caring agency licensed as a therapeutic boarding school. A therapeutic boarding school must also comply with OAR 419-400-0005 to 419-400-0310.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.215
• Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.215
• OTIS 69-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0601, filed 11/28/2022, effective 12/01/2022
• CWP 33-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0020 Therapeutic Boarding Schools: Educational Services

The educational services of a therapeutic boarding school must comply with all of the following requirements:

(1) The therapeutic boarding school must comply with the minimum requirements for private education institutions as determined by the Oregon Department of Education.

(2) Education services must include at least one qualified teacher for every 15 children in care.

(3) The therapeutic boarding school must ensure that it has a curriculum that considers the goals of modern education and the requirements of a sound, comprehensive curriculum.

(4) Secondary schools must verify that they have academic standards necessary for children in care to obtain admission to community colleges and institutions of higher education and receive a high school diploma or GED.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.327 & ORS 418.005
• Statutes/Other Implemented: ORS 409.010, ORS 418.327 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0611, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0030 Therapeutic Boarding Schools: Physical Plant Requirements

(1) A therapeutic boarding school may not allow children in care to have access to, or provide services regulated by these rules (OAR 419-490-0010 to 419-490-0170) in, a building unless the building has been certified as meeting all applicable state and local construction-related requirements for a building used by the therapeutic boarding school.

(2) A therapeutic boarding school must meet all of the following requirements:

(a) All buildings where children in care are present must be smoke-free.

(b) All buildings owned, maintained, or operated by the therapeutic boarding school to provide services to children in care must meet all applicable state and local building, electrical, plumbing, and zoning codes.

(c) All areas of any buildings where children in care receive services must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing and electrical systems must be functional and in good repair.

(d) Each room used by children in care must have floors, walls, and ceilings that meet the interior finish requirements of the applicable Oregon Structural Specialty Code (see the current version of OAR 837-040-0140) and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020) and be free of harmful drafts, odors, and excessive noise.

(e) Each room used by children in care must be adequate in size and arrangement for the purpose in which it is used.

(f) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout each facility.

(g) Water systems serving the property must be installed and maintained in compliance with applicable drinking water regulations (see OAR chapter 333) from the Public Health Division of the Oregon Health Authority.

(h) Heat and ventilation.

(A) Buildings must be ventilated by natural or mechanical means and must be free of excessive heat, condensation, and obnoxious odors.

(B) Room temperature must be maintained within a normal comfort range.

(i) Water temperature and access to water:

(A) A continuous supply of hot and cold water, installed and maintained in compliance with this rule and OAR 419-490-0040must be distributed to taps conveniently located throughout each building used to provide services or housing for children in care.

(B) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in each building used to provide services or housing for children in care.

(C) Each child in care who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff member of the therapeutic boarding school.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• OTIS 70-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0616, filed 11/28/2022, effective 12/01/2022
• CWP 34-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0040 Therapeutic Boarding Schools: Room and Space Requirements

A therapeutic boarding school must meet all of the following room and space requirements:

(1) All parts of the facility must ensure the safety of the children in care.

(2) Living area. A separate living room or lounge area must be available for the exclusive use of residents, employees, and invited guests with a minimum of 15 square feet per child in care.

(3) Bedrooms. Bedrooms for children in care may not be exposed to drafts, odors, or noises that interfere with the health or safety of the occupants. Each bedroom must comply with all of the following requirements:

(a) Have adequate furnishings and personal items for the children in care residing in them.

(b) Be separate from the rooms used for dining, living, multi-purpose, laundry, kitchen, or storage.

(c) Be an outside room, with a window allowing egress from the building.

(d) Have a ceiling height of at least 90 inches.

(e) Have a minimum of 60 square feet per bed.

(f) House no more than 25 children in care in one room when a dormitory-style sleeping arrangement is used.

(g) Have permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(h) Have a window covering on each window to ensure privacy.

(i) Contain beds for children in care that meet both of the following requirements:

(A) There must be at least three feet between beds, including trundle beds if used; and

(B) Bunk beds, if used, must be maintained to ensure safety of the children in care.

(4) Bathrooms.

(a) Bathrooms must be provided and be conveniently located in each building containing a child in care's bedroom, and must have all of the following:

(A) A minimum of one toilet for every eight children in care.

(B) A minimum of one hand-washing sink with mixing faucets for each eight children in care. The sink may not be used for the preparation of food or drinks or for dish washing.

(C) A self-closing metered faucet, if used, that provides water flow for at least 15 seconds without a need to reactivate the faucet.

(D) Hot and cold running water, as well as soap and paper towels available at sinks, or, other hand-drying options approved by the local health department.

(E) One bathtub or shower for every 10 children in care.

(F) Arrangements for individual privacy for each child in care.

(G) A window covering on each window to ensure privacy.

(H) Permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(I) Adequate ventilation.

(J) Have adequate personal items for children in care.

(b) Use of wooden racks over shower floors is prohibited.

(c) When impervious shower mats are used, they must be disinfected and dried at least once per day.

(5) Dining area. A separate dining room or area must be provided for the exclusive use of children in care, employees, and invited guests. The dining area must have the capacity to seat at least one-half of the children in care at one time and must contain a minimum of 15 square feet per child in care.

(6) Kitchen.

(a) Kitchens must be used exclusively for storage, food preparation, dish washing, and other activities related to eating and may not, except as provided in OAR 419-490-0080, be used for children in care's activities other than eating.

(b) The walls, floors, and floor coverings of all rooms in which food or drink is prepared or stored or utensils are washed or stored must be smooth, washable, and easily cleanable.

(c) All equipment and utensils used for food service, including plastic ware and food-contact surfaces, must be easily cleanable, durable, nontoxic, and nonabsorbent, and must be maintained in a clean and sanitary condition.

(d) All equipment used for food preparation must be installed and maintained in a manner that provides ease of cleaning beneath, between, and behind each unit.

(7) Laundry area. Laundry facilities, when provided, must be separate from all of the following:

(a) Living areas, including bedrooms for children in care.

(b) Kitchen and dining areas.

(c) Areas used for the storage of un-refrigerated perishable food.

(8) Storage. Separate storage areas must be provided for each of the following:

(a) Food, kitchen supplies, and utensils.

(b) Clean linens.

(c) Soiled linens and clothing.

(d) Cleaning compounds and equipment.

(e) Poisons, chemicals, pest and rodent control products, insecticides, and other toxic materials that must be properly labeled, stored in the original container, and kept in a locked storage area.

(f) Outdoor recreational and maintenance equipment.

(9) Outdoor activity area. A usable out-of-doors activity area must be provided that is:

(a) Protected from vehicular traffic and other hazards; and

(b) Of a size and availability appropriate to the age and needs of the children in care.

(10) Classrooms and school buildings, if used, must be adequate in size and arrangement for the programs offered.

(11) Time-out rooms. Rooms used for time out or quiet time must have adequate space, heat, light and ventilation and must not be capable of locking.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.205 - 418.327
• OTIS 71-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0618, filed 11/28/2022, effective 12/01/2022
• CWP 35-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16

Or. Admin. R. 419-490-0050 Therapeutic Boarding Schools: Furnishings and Personal Items for Children in Care

A therapeutic boarding school must meet all of the following requirements:

(1) Furniture. Adequate furnishings must be provided for each child in care including, but not limited to:

(a) A bed, including a frame;

(b) A clean, comfortable mattress; and a pillow; and

(c) A private dresser, closet, or similar storage area for personal belongings that is readily accessible to the child in care.

(2) Linens. Linens in good repair must be provided or arranged for each child in care, including:

(a) A waterproof mattress cover or waterproof mattress;

(b) Sheets and pillowcase;

(c) Blankets appropriate in number and type for the season and the individual child in care; and

(d) Towels and washcloths.

(3) Bedding must be changed at least weekly or when soiled and upon change of the child in care using the bedding.

(4) Personal hygiene supplies. Individual personal hygiene supplies that are appropriate to the child in care's age, gender, and culture must be made available for each child in care, stored in a clean and sanitary manner, and must include:

(a) A comb;

(b) Shampoo, or other hair cleansing product;

(c) A toothbrush;

(d) Soap;

(e) Deodorant;

(f) Toothpaste;

(g) Toilet paper;

(h) Menstrual supplies, if appropriate; and

(i) Other supplies that are appropriate to the age, gender, and cultural needs of the child in care.

(5) Clothing. Adequate and seasonally appropriate clothing must be provided for the exclusive use of each child in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240
• CWP 26-2022, renumbered from 413-215-0621, filed 11/28/2022, effective 12/01/2022
• CWP 36-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0060 Therapeutic Boarding Schools: New Facility or Remodel

A therapeutic boarding school must meet all of the following requirements:

(1) A set of plans and specifications for each boarding facility operated by the therapeutic boarding school must be submitted to the Department and to the State Fire Marshal for approval:

(a) Prior to construction of a new building;

(b) Prior to construction of an addition to an existing building;

(c) Prior to the remodeling, modification, or conversion of a building; and

(d) In support of an application for initial license of a therapeutic boarding school under OAR 419-400-0005 to 419-400-0310 and OAR 419-490-0010 to 419-490-0170.

(2) The required plans must comply with both current Oregon Structural Specialty Codes (see OAR 837-040-0140) and local fire and safety codes.

(3) Plans must be drawn to scale and must specify the estimated date upon which construction, modification, or conversion will be completed.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• OTIS 72-2023, minor correction filed 06/08/2023, effective 06/08/2023
• CWP 26-2022, renumbered from 413-215-0626, filed 11/28/2022, effective 12/01/2022
• CWP 37-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0070 Therapeutic Boarding Schools: Environmental Health

A therapeutic boarding school must meet all of the following requirements:

(1) The program of the therapeutic boarding school must maintain an environment that ensures safety for program staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0631, filed 11/28/2022, effective 12/01/2022
• CWP 38-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0080 Therapeutic Boarding Schools: Food Services

A therapeutic boarding school must meet all of the following requirements related to food services:

(1) Nutrition and dietary requirements.

(a) A therapeutic boarding school must arrange meals daily, consistent with normal mealtimes that occur during hours of operation.

(b) Snacks must be available and provided as appropriate to the age and activity levels of children in care.

(c) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each student at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the record of the therapeutic boarding school for at least six months.

(d) Drinking water must be freely available to the children in care served by the therapeutic boarding school.

(2) Food selection, storage, and preparation.

(a) All food and drink provided by the therapeutic boarding school must be stored, prepared, and served in a sanitary manner.

(b) All employees who handle food served to children in care must have a valid food handler's card pursuant to ORS 624.570.

(c) Selection of food. All food products served by a therapeutic boarding school must be obtained from commercial suppliers, except:

(A) Fresh fruits and vegetables and fruits or vegetables frozen by the therapeutic boarding school may be served.

(B) The serving of unpasteurized juice is prohibited.

(d) Requirements related to milk.

(A) Only Grade A pasteurized and fortified milk may be served to children in care.

(B) Milk and fluid milk products must be dispensed from a commercially filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or the Oregon Department of Agriculture.

(e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the therapeutic boarding school.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240
• CWP 26-2022, renumbered from 413-215-0636, filed 11/28/2022, effective 12/01/2022
• CWP 39-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0090 Therapeutic Boarding Schools: Safety

A therapeutic boarding school must meet all of the following requirements related to safety:

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The therapeutic boarding school must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020).

(b) The therapeutic boarding school must comply with existing state and local fire safety codes.

(2) Emergency plan.

(a) The therapeutic boarding school must have, for each facility it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency.

(B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency.

(b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones.

(c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(3) Evacuation drills.

(a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the therapeutic boarding school must document the following information and retain it for a minimum of two years:

(A) Identity of the person conducting the drill.

(B) Date and time of the drill.

(C) Notification method used.

(D) Staff members on duty and participating.

(E) Number of children in care and staff evacuated.

(F) Special conditions simulated.

(G) Problems encountered.

(H) Time required to accomplish complete evacuation.

(b) The therapeutic boarding school must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.327 & ORS 418.005
• Statutes/Other Implemented: ORS 409.010, ORS 418.327 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0641, filed 11/28/2022, effective 12/01/2022
• CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0100 Therapeutic Boarding Schools: Health Services

(1) A therapeutic boarding school must obtain all private health record information referred to in this rule in a manner that complies with federal and state law.

(2) Medical history. Within 30 days of a child in care starting with a therapeutic boarding school, the therapeutic boarding school must obtain available medical history and other health-related information on the child in care, including:

(a) Significant findings of the most current physical examination;

(b) The child in care's current immunizations, history of surgical procedures and significant health issues or injuries, and past or present communicable diseases, within ORS 192.553 to 192.573;

(c) Any known allergies;

(d) Dental, vision, hearing, and behavioral health;

(e) Documentation that the child in care has received age-appropriate instruction regarding pregnancy prevention, nutrition, prevention of HIV and AIDS, and general information about the prevention and treatment of sexually transmitted disease; and

(f) Physician or qualified medical professional's orders, including those related to medication, if any.

(3) Health services. The therapeutic boarding school must provide or arrange for the following health services, as applicable:

(a) Information on maintaining reproductive health and birth control.

(b) Prenatal care.

(c) Well-baby care.

(d) Fetal alcohol syndrome.

(e) Accessing child and infant health insurance programs.

(f) Screening for breast and other common cancers.

(g) Provide all necessary feminine hygiene products.

(h) Access to birth control, vaccinations and information about preventing sexually transmitted diseases.

(4) Medical examinations. A therapeutic boarding school must safeguard the health of each child in care it serves by providing for a medical examination by a physician or qualified medical professional at the following intervals:

(a) Three examinations during the first year of the child's life.

(b) One examination at the age of two.

(c) One examination at the age of four.

(d) One examination at the age of six.

(e) One examination at the age of nine.

(f) One examination at the age of 14.

(5) A therapeutic boarding school must have written procedures for accessing routine and urgent medical care for children in care, including obtaining necessary consents.

(6) A therapeutic boarding school must ensure each child in care receives services from a Qualified Mental Health Professional (QMHP) at least once every 30 days and ensure follow through with medical treatment requirements, adhere to treatment regimens related to a medical condition, and follow-up appointments and must provide transportation and access to health care providers for each child in care.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240
• CWP 26-2022, renumbered from 413-215-0646, filed 11/28/2022, effective 12/01/2022
• CWP 40-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0110 Therapeutic Boarding Schools: Medication

A therapeutic boarding school must meet all of the following requirements:

(1) Policy and procedures. The therapeutic boarding school must have policies and procedures that cover all prescription and non-prescription medication that address all of the following:

(a) How the medication will be administered.

(b) By whom the medication will be administered.

(c) How the staff of the therapeutic boarding school who administer medication will be trained.

(d) How the administration of medication will be documented.

(e) How the administration of medication will be monitored.

(f) How unused medication will be disposed of.

(g) The process that ensures that the prescription and non-prescription medications of each child in care is reviewed, unless the medications are all provided through a single pharmacy. As used in this rule, "non prescription medication" means any medication that does not require a written prescription for purchase or dispensing and includes the use of any herbal remedies or supplements.

(2) Program staff may not dispense medication to a child in care in any of the following situations:

(a) In excess of the prescribed or authorized amount.

(b) For disciplinary purposes.

(c) For the convenience of staff.

(d) As a substitute for appropriate treatment services.

(3) A prescription, signed by a physician or qualified medical professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medication prescribed for one child in care may not be administered to, or self-administered by another child in care or staff. As used in this rule, "self administration of medication" refers to the act of a child in care placing a medication internally in, or externally on, his or her own body.

(4) A written approval, signed by a physician or qualified medical professional, is required for any use of herbal supplements or remedies.

(5) A written order, signed by a physician or qualified medical professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity.

(6) Before a therapeutic boarding school permits a child in care to self-administer prescription medication, self-administration must be recommended by the qualified medical professional, approved in writing by a physician or qualified medical professional, and closely monitored by the staff of the therapeutic boarding school.

(7) Medication storage.

(a) A prescription medication that is unused and any medication that is outdated or recalled may not be maintained in a facility. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

(b) The facility may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications stored in the facility must be kept in a manner that makes them inaccessible to child in care.

(d) A medication requiring refrigeration must be refrigerated and secured.

(e) Each medication must be maintained and stored in its original container, including the prescription label.

(8) Medication disposal. Medication must be disposed of in a manner that ensures that it cannot be retrieved, in accordance with all applicable state and federal law.

(9) A written record of all medication disposals must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the person disposing the medication, and the initials of an adult witness.

(10) Medication records. A written record must be kept for each child in care listing each medication, both prescription and over-the-counter, that is administered. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of the person administering the medication.

(h) Any possible adverse reactions to the medication.

(i) Documentation of any medication taken outside the facility to be administered during a home visit or other activity.

(11) Where applicable, the therapeutic boarding school must maintain documentation of the continuing evaluation of the ability of the child in care to self-administer a medication.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240
• CWP 26-2022, renumbered from 413-215-0651, filed 11/28/2022, effective 12/01/2022
• CWP 41-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0120 Therapeutic Boarding Schools: Staff Training

In addition to the requirements in OAR 419-400-0120(4) and (5), a therapeutic boarding school must meet all of the following training requirements with respect to its staff:

(1) Staff of the therapeutic boarding school must be provided with orientation training prior to or within 30 days of hire. The orientation must include training on all of the following:

(a) Discipline and behavior management protocols including de-escalation skills training, crisis prevention skills, positive behavior management, and disciplinary techniques that are non-punitive in nature and are focused on helping children in care build positive personal relationships and self-control.

(b) If restraint and involuntary seclusion are utilized by the therapeutic boarding school, approved techniques and monitoring. The training must be clear that the policy of the therapeutic boarding school is that restraint or involuntary seclusion is used as an intervention of last resort.

(2) Staff of the therapeutic boarding school must receive ongoing training on all of the following:

(a) Procedures for handling environmental emergencies.

(b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene.

(c) Behavior management.

(3) At all times, at least one of the staff of the therapeutic boarding school working with children in care must have received training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240
• OTIS 73-2023, minor correction filed 06/13/2023, effective 06/13/2023
• CWP 26-2022, renumbered from 413-215-0656, filed 11/28/2022, effective 12/01/2022
• CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022
• CWP 42-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0130 Therapeutic Boarding Schools: Minimum Staffing Requirements

A therapeutic boarding school must meet all of the following requirements:

(1) Minimum staffing patterns. The therapeutic boarding school must establish ratios of staff to children in care that will provide adequate supervision, safety and protection for children in care. The ratios must be adequate to protect child safety and wellbeing for the type of program, location of program, the age and type of children in care served, physical plant design, location and ability of the supervisor to respond, electronic backup systems, and other means available to ensure a high standard of supervision and protection. The minimum staffing ratios outside normal sleeping hours are one direct care staff for each 10 children in care.

(2) Overnight staffing requirements.

(a) A therapeutic boarding school must have policies and procedures regarding overnight supervision of children in care. The procedures must describe how staff must monitor and ensure the safety of children in care during sleeping hours. If the therapeutic boarding school houses more than one child in care to a bedroom or uses dormitory-type sleeping arrangements, the procedure must specifically address those living arrangements.

(b) During normal sleeping hours, the minimum staffing requirement is one awake direct care staff on duty in the facility for each 14 children in care.

(3) Additional staffing requirements for emergency response.

(a) When there is only one staff of the therapeutic boarding school on duty in a facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes. The names of additional staff who are available for immediate response must be listed on the schedule for each time period when only one staff person is on duty in a facility.

(b) One staff who is age 18 or over and capable of taking appropriate action in an emergency must be on site at all times when one or more child in care is present on the residential facility premises.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240
• Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240
• CWP 26-2022, renumbered from 413-215-0661, filed 11/28/2022, effective 12/01/2022
• CWP 43-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0140 Therapeutic Boarding Schools: Separation of Children in Care

A therapeutic boarding school must meet all of the following requirements:

(1) Combining children and adults. Children in care 18 years of age or older must be housed in separate bedrooms, unless:

(a) A parent and child, when one or both is a child in care, share a bedroom; or

(b) The therapeutic boarding school has obtained written approval from the parent or legal guardian and the Department licensing coordinator that two children in care, one over 18 and one under 18 years of age, may share a bedroom.

(2) Co-ed facilities. Special care must be taken by a therapeutic boarding school to provide adequate supervision when the program serves both males and females concurrently. Bedrooms for children in care for males must be separated from bedrooms for children in care for females.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0666, filed 11/28/2022, effective 12/01/2022
• CWP 44-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0150 Therapeutic Boarding Schools: Referral and Initial Evaluation of Children in Care

(1) Referral. A therapeutic boarding school must have and follow a policy that addresses the process by which children in care are referred to the therapeutic boarding school. The policy must include all of the following:

(a) From whom referrals are accepted.

(b) On what basis children in care are accepted by the therapeutic boarding school.

(c) How information necessary to provide for the safety and care of children in care will be provided to the appropriate care staff.

(2) Initial evaluation. A therapeutic boarding school must evaluate each prospective child in care referred to the therapeutic boarding school. In conducting the evaluation, the therapeutic boarding school must:

(a) Request and review all available reports of the child in care's past and present behavior, educational status, and physical and mental health.

(b) Make a preliminary determination whether the prospective child in care has disorders, disabilities, or deficits due to mental, emotional, behavioral, or physical problems for which care, supervision, training, rehabilitation, or treatment is needed to reduce a problem, maintain present level of functioning, or clarify the ongoing placement or service needs of the child in care.

(c) Arrange for ongoing therapeutic services appropriate for the child in care's specific needs and provide regular reports to the parents or legal guardians regarding the child in care's progress.

(3) A therapeutic boarding school must be prepared to provide to a parent or legal guardian of a referred student suggestions for obtaining resources in the event the child in care is not accepted by the therapeutic boarding school.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0671, filed 11/28/2022, effective 12/01/2022
• CWP 45-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0160 Therapeutic Boarding Schools: Consents, Disclosures, and Authorizations

(1) Consents. For each child in care in placement with a therapeutic boarding school, the therapeutic boarding school must ensure that a parent or legal guardian signs a consent that authorizes the therapeutic boarding school, if applicable, to undertake each of the following:

(a) To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the therapeutic boarding school is not required to use medical, psychological, or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The therapeutic boarding school must have policies and procedures for this practice, which are reviewed and approved by the child in care's parent or legal guardian.

(b) To use the discipline and behavior management system of the therapeutic boarding school.

(c) To use restraint or involuntary seclusion in the management of the child in care. The consent must specify the reasons such interventions are used by the therapeutic boarding school and how the employees of the therapeutic boarding school are trained and supervised in the use of restraint or involuntary seclusion.

(d) To restrict the student's contact with persons outside the therapeutic boarding school, including visits, telephone communication, electronic mail, and postal mail, except that access to a child in care must be allowed as provided in ORS 418.305 and OAR 413-215-0091 and 413-215-0101.

(e) To allow access to a child in care as required in ORS 418.305 and OAR 413-215-0091 and 413-215-0101.

(f) To impose a dress code.

(g) To restrict the child in care's participation in recreational or leisure activities in an appropriate manner, consistent with behavior or safety issues.

(2) Disclosures to parent or legal guardian. At the time a therapeutic boarding school takes a child in care into placement, the therapeutic boarding school must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following:

(a) Information regarding any personal or room searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the therapeutic boarding school for any program-initiated room or body search.

(b) A statement concerning the rights of children in care and parents or legal guardians served by the therapeutic boarding school as provided in OAR 413-215-0046. The statement must be written in a manner that is easy to understand, and the therapeutic boarding school must ensure that the child in care and the parent or legal guardian understand the statement.

(c) The grievance policies and procedures of the therapeutic boarding school.

(d) The therapeutic boarding school will make any written policy or procedure pertaining to program services available for review by the child in care, parent, or legal guardian, upon request.

(e) A statement of program services that will be available to the child in care, including frequency of services and the professional credentials of the service providers.

(f) A statement that the child-caring agency may not make limitation on contact between a child and his or her parent or legal guardian a condition of program participation.

(3) Authorizations.

(a) Authorization to disclose information from other service providers must be filled out prior to signatures being requested and be specific to one other provider. Information may only be requested on a need to know basis.

(b) All visitors for the child in care must be approved or authorized by a parent or legal guardian, except that access to the child in care must be provided as required in ORS 418.305 and OAR 413-215-0091 and 413-215-0101.

(c) Visitation resources must be pre-approved by the child in care's parent or legal guardian and the identity of these resources verified by the agency.

(d) Activity-specific authorizations must be pre-approved by the child in care's parent or legal guardian to allow children in care to participate in potentially hazardous activities, such as using motorized yard equipment, swimming, and horseback riding.

(e) All other required authorizations must be pre-approved by the child in care's parent or legal guardian.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327
• Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005
• CWP 26-2022, renumbered from 413-215-0676, filed 11/28/2022, effective 12/01/2022
• CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022
• CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022
• CWP 46-2020, minor correction filed 01/14/2020, effective 01/14/2020
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08

Or. Admin. R. 419-490-0170 Therapeutic Boarding Schools: Information about Children in Care with the Therapeutic Boarding School

(1) Case files of children in care. For each child in care a therapeutic boarding school accepts for placement, the therapeutic boarding school must maintain an individual record that includes a summary sheet containing all of the following information:

(a) The name, gender, date of birth, religious preference, and previous address of the child in care.

(b) The name and location of the child in care's previous school.

(c) The date of admission to the program.

(d) The status of the child in care's legal custody, including the name of each person responsible for consents and authorizations.

(e) The name, address, and telephone number of:

(A) The child in care's parents.

(B) The child in care's legal guardian, if different than parents, and his or her legal relationship to the child in care.

(C) Other family members or other persons identified by the family as significant to the child in care.

(D) Other professionals to be involved in service planning, if applicable.

(f) Any required signed consents and authorizations.

(2) Service planning.

(a) All documentation, including, but not limited to service plans, daily notes, assessments, progress reports, medication records, and incident reports, must be written in terms that are easily understood by all persons involved in service planning.

(b) Intake documentation. A therapeutic boarding school must complete a written intake document containing screening information on the date the therapeutic boarding school accepts a child in care, except in the case of an emergency placement when the intake document must be completed within 48 hours of admission.

(c) Each child in care must be served according to an individual written service plan developed by staff of the therapeutic boarding school and including, whenever possible, the child in care, the child in care's family, and other professionals involved with the child in care or family. This document must outline goals for services and care coordination.

(d) Assessment. A comprehensive assessment must be completed within the first 45 days of placement by a Qualified Mental Health Professional (QMHP). This assessment must include all of the following:

(A) Relevant historical information, current behavioral observations, any identified needs for services, and a description of how the therapeutic boarding school will provide or coordinate services.

(B) Suicide potential must be assessed and the record must contain follow-up actions and referrals when an individual reports symptoms indicating risk of suicide.

(C) Screening for the presence of co-occurring disorders and chronic medical conditions. When the assessment determines the presence of co-occurring disorders, the therapeutic boarding school must document referral for further assessment, planning, and intervention from an appropriate professional.

(D) Screening for the presence of symptoms related to physical or psychological trauma.

(e) Service plan and review.

(A) Within 60 days of placement, a formal service plan that meets the identified needs of the child in care must be developed by staff of the therapeutic boarding school in conjunction with the child in care and his or her parents or legal guardians, and any other persons who are actively involved with the family, as appropriate.

(B) The service plan must reflect how the therapeutic boarding school will address the child in care's issues, describe the anticipated outcomes of the placement, and be reviewed and approved by the child in care and the legal guardian or parent, unless contraindicated.

(C) The service plan must be reviewed by a QMHP at least quarterly.

(D) Service plans must be revised at any time additional information becomes available indicating that other services should be provided.

(3) Case management.

(a) The therapeutic boarding school must document services provided, as necessary, to track and monitor progress toward the achievement of service plan goals.

(b) Discharge. The therapeutic boarding school must identify how a child in care's progress will be evaluated, and how the determination is made of readiness for discharge or unsuitability for continued stay.

(c) Discharge planning. Discharge planning for children in care must be a participatory decision-making process between the child in care, therapeutic boarding school staff, the parent or legal guardian, and significant others. As used in this rule, "significant others" mean relatives, friends, or interested members of the community.

(d) Discharge instructions. The therapeutic boarding school must provide the child in care and the child in care's guardian with discharge instructions on or before the discharge date, including current medications, name of the doctor who prescribed each medication, any outstanding medical or other appointments, and other follow-up instructions as needed. The therapeutic boarding school must obtain a forwarding address for any discharge instructions received by the therapeutic boarding school after discharge of the child in care.

(e) Follow-up services. The therapeutic boarding school must identify any transitional or aftercare services or service coordination that will be offered by the program.

(f) Incident reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child in care's record.

(4) Financial records. A therapeutic boarding school must keep a written record for each child in care, itemizing all money received or disbursed on behalf of the child in care. The record must include all of the following:

(a) The date of each receipt and disbursement and the amount of each.

(b) The source of income.

(c) The purpose of each disbursement.

(d) The signature of the person making each entry.

(e) The signature of the child in care for each entry.

(5) The therapeutic boarding school will ensure, in policy, that:

(a) Disallowable items are either stored, or returned to the parent or legal guardian; and

(b) All money and personal belongings are returned to the child in care at the time of discharge.

History

• Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
• Statutes/Other Implemented: ORS 409.050, ORS 418.005, 418.205 – 418.327 & ORS 409.010
• CWP 26-2022, renumbered from 413-215-0681, filed 11/28/2022, effective 12/01/2022
• CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018
• CWP 22-2016, f. & cert. ef. 12-1-16
• CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
• CWP 34-2008, f. & cert. ef. 10-17-08