OAR Chapter 416 — Oregon Youth Authority

Division 1 Rule Development

Or. Admin. R. 416-001-0000 Notice Rule for Rule Making

Prior to adoption, amendment, or repeal of a permanent rule, the Oregon Youth Authority (OYA) must give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin at least 21 days prior to the rule’s effective date;

(2) By mailing a copy of the notice to persons on the OYA mailing list at least 28 days prior to the rule’s effective date;

(3) By mailing a copy of the notice to designated legislators at least 49 days prior to the rule’s effective date; and

(4) By mailing a copy of the notice to the following persons, organizations, or publications at least 28 days prior to the rule’s effective date:

(a) The Associated Press;

(b) The Oregonian, Portland, Oregon;

(d) Statesman Journal, Salem, Oregon;

(e) Mail Tribune, Medford, Oregon;

(f) The Register-Guard, Eugene, Oregon;

(g) The Bulletin, Bend, Oregon;

(h) American Civil Liberties Union;

(i) Association of Oregon Counties;

(j) Crime Victims United;

(k) Oregon Crime Victims Law Center;

(l) Oregon Department of Education, Youth Development Division;

(m) Oregon Department of Human Services, Child Welfare Program;

(n) Youth, Rights and Justice;

(o) Oregon Sheriffs' Association;

(p) Oregon Association Chiefs of Police;

(q) Oregon Adolescent Sex Offending Treatment Network;

(r) Juvenile court judges; and

(s) County juvenile departments.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 183.335, 183.341 & 183.360
OYA 8-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 7-2004, f. & cert. ef. 7-8-04
OYA 2-2003, f. & cert. ef. 8-20-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-001-0005 Model Rules of Procedure

Under the provisions of ORS 183.341, the Oregon Youth Authority adopts the 2024 Attorney General's Uniform and Model Rules of Procedure.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 183.335 & ORS 183.341
OYA 5-2025, minor correction filed 09/10/2025, effective 09/10/2025
OYA 4-2025, amend filed 09/10/2025, effective 09/10/2025
OYA 14-2020, amend filed 08/10/2020, effective 08/10/2020
OYA 2-2014, f. & cert. ef. 9-12-14
OYA 7-2012, f. & cert. ef. 9-11-12
OYA 1-2008, f. & cert. ef. 6-9-08
OYA 7-2004, f. & cert. ef. 7-8-04
OYA 2-2003, f. & cert. ef. 8-20-03
OYA 6-2000, f. & cert. ef. 8-2-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-001-0015 Mailing List Fees

(1) Any individual, organization representing more than ten individuals, or agency may request to be included on the OYA’s mailing list for notification of any proposed adoption, amendment, or repeal of any OYA rule. The subscription fee to be on the mailing list is $35 annually. The fee established under this rule does not apply to any federal, state, county, or local government entity. Mailings are created for interested persons who want to receive notice of administrative rules promulgated by the OYA. The request must be sent to the Oregon Youth Authority, Rules/Policy Coordinator, 530 Center St. NE Ste. 500, Salem, OR 97301.

(2) Mailing List Subscription Renewal: One annual billing will be sent in July of each year. Subscription fees must be paid by September 1 of each year. Government agencies or entities will be sent a confirmation notice and an opportunity to renew their subscription. Anyone not requesting renewal of subscription will be removed at the end of October.

History

Statutory/Other Authority: ORS 183.335 & 183.341
Statutes/Other Implemented: ORS 183.335 & 183.341
OYA 5-2018, minor correction filed 05/11/2018, effective 05/11/2018
OYA 7-2004, f. & cert. ef. 7-8-04

Or. Admin. R. 416-001-0020 Copies of OYA Permanent and Temporary Rules, and Fees

Individuals or organizations requesting copies of the OYA's permanent or temporary rules that are not on the OYA's mailing list will be required to prepay to the agency a fee of $.50 per page in accordance with the OYA's policy on Public Information Requests. Requests for copies of OYA temporary or permanently adopted rules must be in writing and directed to the Rules/Policy Coordinator, Oregon Youth Authority, 530 Center Street NE Ste. 500, Salem, OR 97301.

History

Statutory/Other Authority: ORS 183.335 & 183.341
Statutes/Other Implemented: ORS 183.335 & 183.341
OYA 6-2018, minor correction filed 05/11/2018, effective 05/11/2018
OYA 7-2004, f. & cert. ef. 7-8-04

Division 20 Youth in Custody Grievance Process

Or. Admin. R. 416-020-0000 Purpose

These rules establish procedures for the Oregon Youth Authority’s (OYA) internal grievance review and appeal system for youth in custody, in OYA’s physical or legal custody.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, 420A.014 & 420A.015
OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2020, amend filed 01/29/2020, effective 01/30/2020
OYA 3-2003, f. & cert. ef. 8-20-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-020-0010 Definitions

(1) Emergency: Any condition or situation where there is a substantial risk of imminent abuse, or threat to life, health, or safety, or where time frame considerations necessitate an immediate response or remedial action.

(2) Facility: Any youth correctional facility, camp or transitional facility including the staff offices and the grounds, operated by the Oregon Youth Authority.

(3) Field supervisor: The manager of an OYA parole/probation office.

(4) Grievance: A complaint about the substance or application of any rule, policy, or practice affecting a youth in custody; or any decision or action directed toward a youth in custody by OYA, its employees, or agents, including but not limited to matters of confinement, discipline, treatment, education, and privileges.

(5) Representative: A person who is authorized, in writing, by a youth in custody to receive confidential information from OYA and to act on behalf of the youth in custody with respect to a grievance. A representative includes, but is not limited to an attorney, relative, friend or legal guardian, but does not include another youth in custody.

(6) Youth in custody: A person in the legal and physical custody of OYA either in a Facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a Facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2020, amend filed 01/29/2020, effective 01/30/2020
OYA 3-2003, f. & cert. ef. 8-20-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-020-0020 Grievance Rights

(1) All youth in custody have a right to review any action or decision within OYA’s jurisdiction that affects them, and initiate a grievance, without being subjected to reprisal.

(2) A youth in custody may not grieve the following:

(a) Issues for which the youth in custody is entitled to a contested case hearing, in accordance with ORS Chapter 183;

(b) Actions or decisions not within the jurisdiction of OYA (e.g., actions by the court or another agency);

(d) Issues for which the youth in custody has initiated court action or filed notice of intent to file tort claim; or

(e) The subject matter of the grievance will be or has already been decided by a judge.

(3) The grievance process must be administered in a manner that protects the confidentiality of records and information, in accordance with federal and state law or policies.

(4) OYA must inform youth in custody at intake about the grievance process.

(5) Staff and youth in custody are encouraged to handle questions and complaints informally at the lowest level possible.

(6) The grievance process must be conducted as informally as possible, consistent with the need for orderly and complete resolution of issues.

(a) Staff who are the subject of a grievance must not be responsible for making decisions regarding the grievance, but may provide information regarding the grievance issues and participate in mediation and conflict resolution.

(b) If a grievance is about an emergency, a youth in custody may write immediately and directly to the appropriate superintendent, camp director, field supervisor, or the Director’s Office.

(c) The youth in custody, or representative, may present information during any meetings held to discuss the grievance, and may refer to witnesses for this purpose. If the youth in custody, or representative, chooses to use an attorney during the grievance process, they are responsible for any expenses or attorney fees that may be incurred.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, 420A.014, 420A.015 & 420A.108
OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2020, amend filed 01/29/2020, effective 01/30/2020
OYA 3-2003, f. & cert. ef. 8-20-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-020-0040 Grievance Review Process

(1) If a youth in custody is unable to resolve an issue through informal communication, the youth in custody may seek to resolve the issue by submitting a written grievance using OYA’s approved youth in custody grievance form, in accordance with these rules.

(a) OYA must ensure that approved grievance forms are available to youth in custody. The youth in custody, or representative, may also initiate the request in letter form, if grievance forms are not immediately available to the youth in custody or representative.

(b) If a youth in custody cannot complete the grievance form or a letter due to physical or mental impairments or language barriers, the youth in custody may contact the local grievance coordinator to request accommodation.

(c) The youth in custody, or representative, must include a complete description of the incident, action, or application of the rule being grieved, including date and approximate time.

(d) A youth in custody grievance may request review of only one matter, action, or incident per grievance form or letter.

(e) A youth in custody, or representative, may file a grievance regarding the same issue as a previously filed grievance only if there is another incident and new information is available about the issue.

(2) The youth in custody, or representative, must submit the written grievance to the local grievance coordinator. If the grievance qualifies as an emergency grievance, the youth in custody or representative must submit the grievance to any OYA staff member to initiate an expedited response.

(3) A youth in custody may not write a grievance for another youth in custody unless authorized by the local grievance coordinator. The youth in custody writing the grievance is not the other youth in custody’s representative and may only assist in writing the grievance, if authorized. The youth in custody submitting the grievance must sign the grievance form or letter.

(4) A youth in custody may submit only their own signature on grievance forms or grievance appeals.

(5) Within seven days of receiving the request, excluding weekends and public holidays, OYA must contact the youth in custody, or representative, to review the matter.

(6) The results of the review must be provided in writing to the youth in custody, or representative, as soon as practicable after the review and include the steps necessary to initiate a subsequent grievance review if the youth in custody remains dissatisfied.

(7) The youth in custody, or representative, may submit a subsequent written grievance review request to the appropriate facility superintendent, camp director, or field supervisor within 10 calendar days of receiving the initial written grievance response if the youth in custody is not satisfied with the resolution. The topic of the subsequent grievance review request must be the same as the initial grievance.

(8) OYA must review and respond to the subsequent grievance request within 30 calendar days of receiving the request. If additional time is needed to process the subsequent grievance request, OYA will notify the youth in custody or representative and specify the number of additional days within which OYA will respond to the request.

(a) Only information directly related to issue(s) of the initial grievance will be considered.

(b) OYA must prepare a written decision to resolve the subsequent grievance. The decision will include instructions to the youth in custody, or representative, for filing an appeal to the OYA director if the youth in custody is dissatisfied with the resolution.

(c) A copy of the decision must be sent to the youth in custody, or representative, as soon as practicable following its completion.

(9) After a youth in custody has been terminated from OYA’s legal or physical custody, the youth in custody’s pending grievances or grievance appeals must be completed and held on file, unless other arrangements have been made with the local grievance coordinator prior to OYA’s custody termination.

(10) Grievances or grievance appeals received by OYA after a youth in custody has been discharged from, or is otherwise no longer in, OYA’s legal or physical custody will not be processed.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, 420A.014, 420A.015 & 420A.108
OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2020, amend filed 01/29/2020, effective 01/30/2020
OYA 3-2003, f. & cert. ef. 8-20-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-020-0045 Grievance Limits

(1) Except as provided in section (2) below, a youth in custody may not submit more than two new grievances in any one week or six in any calendar month. A week is defined as Sunday through Saturday.

(a) New grievances submitted in excess of two grievances in any one week or six in any calendar month will be denied and returned to the youth in custody.

(b) Grieving multiple staff involved in one incident counts as filing one grievance.

(2) A youth in custody may submit more than two grievances in any one week or six in any calendar month only in an exceptional situation. The youth in custody must clearly identify in the grievance the exceptional situation that justifies submission of the additional grievance. If the grievance coordinator determines that the grievance does not clearly identify as an exceptional situation, the grievance coordinator must deny the grievance.

(3) The requirements of OAR 416-020-0045 do not apply to alleged conditions or situations that qualify as an emergency, as defined in OAR 416-020-0010(1).

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2020, adopt filed 01/29/2020, effective 01/30/2020

Or. Admin. R. 416-020-0050 Appeal to the Director

(1) If the youth in custody is dissatisfied with the decision of the subsequent grievance review, the youth in custody, or representative, may request an appeal to the OYA director, or designee.

(a) A request for appeal must be submitted within 10 calendar days from the date the youth in custody received the written decision.

(b) If a request for an appeal is not received by the Director’s Office within a 15-day period, the youth in custody’s right to an appeal will be considered waived, unless the youth in custody can show that the failure to timely request a review was beyond their reasonable control.

(2) The director, or designee, will review all documents submitted by the youth in custody, or representative, relevant to the grievance and may take other action to investigate the matter as the director deems appropriate.

(3) Within 30 calendar days of receiving the request, the director, or designee, must provide a written appeal decision. Copies of the decision must be sent to the youth in custody, or representative, through the U.S. Postal Service or another certified mail carrier.

(4) The director’s decision is final.

(5) Nothing in these rules affects any rights a youth in custody has under federal or state law to seek independent redress of grievances in the courts.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, 420A.014, 420A.015 & 420A.108
OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2020, amend filed 01/29/2020, effective 01/30/2020
OYA 3-2003, f. & cert. ef. 8-20-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 40 Youth in Custody Use of Electronic Networks within OYA Facilities

Or. Admin. R. 416-040-0005 Purpose

These rules institute guidelines for acceptable use of electronic networks by youth in custody within OYA close-custody facilities. A youth in custody is a person in the legal and physical custody of the OYA, or a person in the legal custody of the Department of Corrections and the physical custody of the OYA in OYA facilities. Electronic networks are specific computers, hardware, software, storage media, and networks accessible to authorized youth in custody within OYA close-custody facilities. Electronic networks provide youth in custody access to education and employment information to assist in their successful reintegration from confinement into the community. Access to electronic networks may be granted as described in these rules contingent upon the safety, security, and order of the facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 7-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 4-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-040-0010 Network Access

(1) Youth in custody electronic network access must be limited to educational or employment-seeking purposes, including classroom activities, job development, and community transitional activities.

(2) The facility superintendent, camp director, or designee must determine, in his or her discretion, whether a proposed access is for appropriate educational or employment-seeking purposes.

(3) OYA staff or school personnel must supervise a youth in custody’s activity on the electronic network to ensure it is limited to the criteria listed in section (1).

(4) OYA staff must place reasonable restrictions on material that youth in custody access or post in the network to ensure the material is for appropriate educational or employment-seeking purposes.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 7-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 4-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-040-0015 Written Authorization

(1) A youth in custody must receive written authorization from an OYA manager prior to accessing an electronic network.

(2) OYA staff must notify youth in custody, in writing, of general acceptable use of electronic networks and any potential consequences of unacceptable use of electronic networks.

(3) Any behavior violation associated with a youth in custody’s electronic network use must be managed according to OAR chapter 416, division 470 (Prohibited Youth in Custody Behaviors and Processing Behavior Violations).

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.108
OYA 7-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 4-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-040-0020 Internet Use

(1) Electronic mail

(a) The facility superintendent, camp director, or designee may provide access to an electronic mail account to a youth in custody for specific educational or employment-seeking projects or activities as determined appropriate by the superintendent, camp director, or designee.

(b) A youth in custody may not directly access the youth in custody’s electronic mail account. Only an OYA staff member or school personnel may log onto the youth in custody’s account for the youth in custody. The staff member or school personnel must maintain a copy of all electronic messages sent or received by the youth in custody.

(2) Youth in custody may access the World Wide Web only through sites prescreened by OYA staff.

(3) Youth in custody access to real-time, interactive communication must:

(a) Be approved in advance by the facility superintendent or camp director;

(b) Occur only under the direct supervision of an OYA staff or school personnel; and

(4) A youth in custody must promptly disclose to OYA staff or school personnel any communication received or Web site visited that the youth in custody believes may be inappropriate or an unacceptable use of the Internet.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 7-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 4-2010, f. 10-14-10, cert. ef. 10-25-10

Division 50 Funeral and Burial Expenses

Or. Admin. R. 416-050-0000 Purpose

(1) These rules describe the process by which the Oregon Youth Authority (OYA) may pay the cost of funeral, burial, or cremation expenses for a youth in custody who dies while in OYA legal custody.

(2) These rules apply only to youth in custody who are committed to OYA legal custody and placed in OYA facilities or under OYA supervision on parole or probation status in the community.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: 420A.010, 419C.550, 419C.481 & 419C.555 - 419C.561
OYA 6-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 4-2003, f. & cert. ef. 8-20-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-050-0010 Allowable Expenses

(1) All other resources for payment of these expenses, including parents or guardians, must be explored before approval is given for the OYA to make payments.

(2) The maximum amount the OYA will pay for these expenses will be determined by the OYA director.

(3) Vendors must submit itemized billings on their letterhead.

(4) The following list specifies allowable expenses.

(a) Necessary funeral service costs that may include, but are not limited to:

(A) Transportation for first call, and funeral coach;

(B) Preparation of remains; and

(b) Burial or cremation:

(A) Necessary costs for cemetery burial that may include, but are not limited to:

(i) Endowment care, if provided by cemetery;

(ii) Grave space; and

(iii) Outer case, opening and closing of grave.

(B) Indoor or outdoor mausoleum burial including opening, closing and lettering when crypt is already owned.

(i) Cremation;

(ii) Unpolished urn;

(iii) Niche;

(iv) Grave space for cremated remains;

(v) Interment of cremated remains;

(vi) Endowment care when provided;

(vii) Finished urn when an open-front niche is already owned; and

(viii) Transportation of cremated remains, when authorized on a case-by-case basis.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: 420A.010, 419C.550, 419C.481 & 419C.555 - 561
OYA 6-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 4-2003, f. & cert. ef. 8-20-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 60 Media Relations

Or. Admin. R. 416-060-0005 Purpose and Policy

(1) Purpose

These rules govern general media relations for the Oregon Youth Authority (OYA) including responding to information requests and granting access by Media Representatives to OYA Facilities, Substitute Care Placements staff, and Youth in Custody.

(2) Policy

(a) OYA acknowledges the public’s interest in and concern with OYA’s mission to protect the public, reduce crime, hold Youth in Custody accountable and provide opportunities for reformation in safe environments.

(b) In recognition of the news media’s role in reporting matters of public interest, OYA will work with Media Representatives to provide requested information within OYA’s resource limitations and requirements for safety, security and confidentiality; and it is the policy of OYA to permit and assist with access by Media Representatives to OYA Facilities, programs, Youth in Custody and staff for the purposes of supporting OYA’s mission and goals within the limitations required to ensure Facility security, safety and Youth in Custody’s reformation.

(c) Interviews with Youth in Custody may be permitted with their consent and the approval of the appropriate Superintendent/Camp Director or Field Supervisor or designee. When authorized, an interview with a Youth in Custody is permitted neither as a matter of right nor as a privilege of the Youth in Custody or the Accredited News Media Organization. Instead, an interview may be approved if the appropriate Superintendent, Camp Director, Field Supervisor, or designee and the OYA Communications Office determine it is consistent with OYA’s mission and goals and the safe, secure and orderly management and operation of the Facility or program, and is not inconsistent with the Youth in Custody’s treatment, education, reformation and rehabilitation.

(d) There are inherent risks associated with entering an OYA Facility. Consequently, Media Representatives enter OYA Facilities at their own risk, and are required to comply with all security and control measures of the Facility and with the directions of OYA staff.

(e) OYA may initiate contact and provide access to Media Representatives to report on activities that further OYA’s mission and goals.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-060-0010 Definitions

(1) Accredited News Media Organization:

(a) A newspaper that qualifies as a general circulation newspaper in the community in which it is published. A newspaper is one of general circulation if it circulates among the general public and if it publishes news of general interest to the public such as news of political, religious, commercial or social affairs. A key test to determine whether a newspaper qualifies as a general circulation publication is whether it qualifies for the purpose of publishing legal notices in the community in which it is located or the area where it distributes;

(b) A magazine that has a national, state or local circulation and is sold by newsstands and by mail subscription to the general public;

(d) A radio or television program whose primary purpose is to report news and which is part of a broadcast station holding a Federal Communications Commission license;

(e) A corrections or juvenile justice trade publication that reports on industry practices; or

(f) An Internet Web site affiliated with the organizations described in subsections (a)-(e) above, or an unaffiliated Internet Web site with a history of publishing news of general interest.

(2) Communications Liaison: The person in each Facility or community field office assigned to function as a liaison with the OYA Communications Office to keep the OYA Communications Office informed about news and activities at the Facility or OYA field office, and to assist the OYA Communications Office in responding to Media Representatives.

(3) Facility: Any youth correctional facility, camp or transitional facility including the staff offices and the grounds, operated by the Oregon Youth Authority.

(4) Field Supervisor: An OYA community services supervisor that oversees juvenile parole and probation officers, assistants, field office staff, and field office operations.

(5) Identifiers: Means of identifying a Youth in Custody through face, name, age, voice, gender, home community or other information.

(6) Media Representatives:

(a) Persons whose principal employment is with an Accredited News Media Organization;

(b) Unaffiliated persons who produce credentials or other written documentation from an Accredited News Media Organization demonstrating that the media organization has contracted with the person to purchase their completed work or project; or

(c) Authors of books or filmmakers who produce credentials or other written documentation demonstrating that a commercial publisher or media organization has contracted to purchase their completed work or project.

(7) OYA: Oregon Youth Authority.

(8) OYA Communications Office: The designated official spokespeople for OYA, who are the Director’s Office communications director and communications deputy director.

(9) Substitute Care Placement: Any of the out-of-home care and treatment programs authorized by OYA to serve adjudicated youth in OYA’s legal custody, including contracted residential treatment programs and certified foster homes. Substitute Care Placements exclude OYA’s Facilities.

(10) Substitute Care Providers: Persons authorized by OYA through contract or other written agreement to provide supervision and care for adjudicated youth in OYA’s legal custody on parole or probation status in the community. Such persons include, but are not limited to, contracted residential treatment providers and certified foster parents (including respite providers).

(11) Superintendent/Camp Director: The superintendent or camp director, as applicable, of a Facility. References to “Superintendent/Camp Director” throughout these rules refer to the superintendent or camp director of the Facility at which the visit, tour, or interview is being sought.

(12) Unaffiliated Persons: Freelance writers, independent filmmakers, producers, journalism teachers and students, and other persons who do not meet the definition of Media Representatives.

(13) Youth in Custody: A person in the legal and physical custody of OYA either in a Facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a Facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-060-0015 Media Identification of Youth in Custody

Identifying information about Youth in Custody may be used in accordance with these rules and after all appropriate parties have given written permission.

(1) Photographs

(a) Identifiable photographs of Youth in Custody younger than 18 may be used only with written permission of the Youth in Custody, Youth in Custody’s parent(s) or legal guardian(s), and the Superintendent/Camp Director, Field Supervisor, or designee.

(b) Identifiable photographs of youth 18 and older may be used with written permission of the Youth in Custody and the Superintendent/Camp Director, Field Supervisor, or designee.

(2) Other Identifiers

(a) Identifiers of Youth in Custody younger than 18 may be used with written permission of the Youth in Custody, Youth in Custody’s parent(s) or legal guardian(s), and the Superintendent/Camp Director, Field Supervisor, or designee. (See OAR 416-060-0010(5)).

(b) Identifiers of Youth in Custody ages 18 and older may be used with written permission of the Youth in Custody and Superintendent/Camp Director, Field Supervisor, or designee.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-060-0020 Media Access to Facilities

(1) Media requests for access

Media Representatives who desire to visit a Facility must contact the OYA Communications Office. Requests to visit a Facility must be made at least 24 hours in advance of the desired appointment time.

(2) Media access to Facilities

Consistent with OYA’s policy, Media Representatives are encouraged to visit and tour Facilities and learn about programs for the purpose of professional enhancement, observation and reporting.

(a) OYA may accommodate requests by Media Representatives for access to OYA Facilities if the access is consistent with OYA’s policies and procedures, the reformation and rehabilitation of Youth in Custody, and the efficient and orderly operation of treatment programs and the Facility as a whole, and with the Superintendent/Camp Director’s approval. Whether to approve a request to access OYA Facilities is in the sole discretion of the Superintendent/Camp Director.

(b) The Superintendent/Camp Director must deny a request by a Media Representative for Facility access when the access, in the Superintendent/Camp Director’s judgment, may jeopardize the safety and security of the Facility, staff, visitors, or Youth in Custody.

(3) Media access preparation

After Media Representatives’ access to a Facility has been approved, the OYA Communications Office or Facility Communications Liaison will notify the Media Representative of the appropriate date, time and equipment allowed in the Facility and any other pertinent information.

(4) Media access in the event of an emergency

OYA may restrict Media Representatives’ access to Facilities for safety and security purposes during emergencies or when access would disrupt or interfere with operational activities in the sole discretion of the Superintendent/Camp Director.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-060-0025 Media Facility Visitation Requirements

(1) Media Representatives must identify themselves with a valid form of government-issued photo identification before they will be permitted to enter a Facility.

(2) Media Representatives are subject to the same Facility entrance screening and contraband policies and procedures as are other visitors and in compliance with OAR chapter 416, division 420 (Visitors to OYA Facilities).

(3) Notwithstanding subsection (2) above, Media Representatives granted entrance to a Facility generally will be permitted use of “tools of the trade,” subject to the written consent of the Superintendent/Camp Director and OYA Communications Office. However, OYA may limit the number and type of tools of the trade that Media Representatives may bring into a Facility to make still or video pictures and audio recordings.

(4) All approved equipment must be inventoried and searched by OYA staff prior to the Media Representative(s) entering the Facility.

(5) Items not allowed into a Facility must be stored in the Media Representatives’ work or personal vehicle(s). OYA will not hold items for Facility visitors.

(6) A member of the OYA Communications Office, the Facility Communications Liaison or other designated staff member must escort Media Representatives through the Facility and be present at all times during the visit or tour.

(7) If at any time before or during the news media visit or tour OYA determines that a potential threat to safety or security exists, the visit or tour must be terminated. The Media Representative(s) must comply with the direction of their OYA escort.

(8) Photographs or other recordings made in a Facility or other OYA property require prior written authorization from the Superintendent/Camp Director. Taking photographs or video footage of control centers or electronic security equipment is strictly prohibited.

(9) Impromptu, unscheduled interviews, video and audio recordings, or photographs of staff, Youth in Custody and others may be permitted if the individuals give their written consent, parents or guardians of Youth in Custody younger than 18 give their written permission, and the Superintendent/Camp Director, or designee determines that the interview or photo opportunity would not:

(a) Be overly disruptive of Facility or program operations;

(b) Compromise Youth in Custody treatment plans or reformation; or

(10) Any attempt by a Media Representative to disregard the conditions for access or directions of staff may result in immediate termination of access to the Facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-060-0030 Media Access to Youth in Custody in Facilities

(1) Media Representatives who desire contact with a Youth in Custody may seek such contact by contacting the OYA Communications Office. In all cases, Youth in Custody participation is voluntary.

(2) Interviews with Youth in Custody may be approved with written consent of the OYA Communications Office and the Superintendent/Camp Director or designee, and with the Youth in Custody’s written consent, if in the judgment of the Superintendent/Camp Director or designee the interview is consistent with the following:

(a) OYA’s mission and goals;

(b) The Youth in Custody’s treatment planning and reformation; and

(3) Interviews with Youth in Custody younger than 18 may be approved in accordance with section (2) above, and with written permission of the Youth in Custody’s parent(s) or legal guardian(s).

(4) Conducting the interview:

(a) The interview must be supervised by staff and take place in a designated area approved by the Superintendent/Camp Director or designee.

(b) The OYA Communications Office or a designee and the Facility Superintendent/Camp Director or a designee must be present with the Youth in Custody during the interview and may limit the scope of questions.

(d) Requests for Youth in Custody to participate in a recorded or live audience participation show generally will be denied. Exceptions may be made only if approved in advance by the OYA Communications Office and the Superintendent/Camp Director.

(e) Other Facility or program access separate from the interview may be granted with the approval of the OYA Communications Office and the Superintendent/Camp Director or designee.

(5) Youth in Custody may not accept payment or remuneration for themselves or family members for agreeing to an interview or participating in a media-related activity.

(6) Youth in Custody may not use the news media or enter into agreements with the news media to pass along messages or otherwise communicate with their families, victims, or any person other than the general reading, viewing or listening audience.

(7) Media Representatives may not accompany a visitor, attorney or others on a visit to a Youth in Custody. Exceptions may be made by the OYA Communications Office and the Superintendent/Camp Director in extraordinary circumstances in their sole discretion.

(8) Media Representatives may not attend depositions of Youth in Custody in an OYA Facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-060-0035 Media Access to Youth in Custody in Substitute Care

(1) Media Representatives who desire contact with a Youth in Custody may seek such contact by contacting the OYA Communications Office. In all cases, Youth in Custody participation is voluntary.

(2) Interviews with Youth in Custody in Substitute Care may be approved by the OYA Communications Office and the Field Supervisor or designee, with the Youth in Custody’s consent, if in the Field Supervisor’s or designee’s judgment the interview is consistent with the following:

(a) OYA’s mission and goals;

(b) The Youth in Custody’s treatment planning and reformation; and

(3) Interviews with Youth in Custody younger than 18 may be approved in accordance with section (2) above, and with written permission of the Youth in Custody’s parent(s) or legal guardian(s).

(4) Conducting the interview

(a) The interview must be supervised by the Substitute Care Provider or OYA and take place in a designated area approved by the Substitute Care Provider and the Field Supervisor or designee.

(b) OYA may set reasonable limits for the length of the interview.

(c) Requests for Youth in Custody to participate in a recorded or live audience participation show generally will be denied. Exceptions may be made only if approved in advance by the OYA Communications Office and the Field Supervisor.

(d) Other program or staff access separate from the interview may be granted with the approval of the OYA Communications Office, Field Supervisor or designee, and Substitute Care Provider.

(5) Youth in Custody may not accept payment or remuneration for themselves or family members for agreeing to an interview or participating in a media-related activity.

(7) Media Representatives may not accompany a visitor, attorney or others on a visit to a Youth in Custody in a Substitute Care Placement. Exceptions may be made by the OYA Communications Office and the Field Supervisor in extraordinary circumstances in their sole discretion.

(8) Media Representatives may not attend depositions of Youth in Custody in Substitute Care Placement.

(9) Youth in Custody in the community outside of Substitute Care Placements may be interviewed or photographed in the community (e.g., while playing high school sports) without reference to their OYA involvement. No OYA approval is required.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

Or. Admin. R. 416-060-0040 Access to Youth in Custody or OYA Facilities by Unaffiliated Persons

(1) Unaffiliated Persons may be granted a tour of a Facility or program in accordance with OAR 416-420-0020 (Tours).

(2) OYA may, at its sole discretion, grant Unaffiliated Persons access to Facilities and programs for a specific project when, in OYA’s judgment, the requested access will substantially further OYA’s mission and goals; and is consistent with the safe, secure and orderly management and operation of the Facility or Substitute Care Placement, and with the Youth in Custody’s treatment planning and reformation.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

Division 70 OYA Employee Mental Health Certification Standards

Or. Admin. R. 416-070-0010 Definitions

(1) Clinical Supervision: Oversight by a qualified person of mental health services and supports provided according to this rule, including ongoing evaluation and improvement of the effectiveness of those services and supports.

(2) Diagnosis: A diagnosis consistent with the most current Diagnostic and Statistical Manual of Mental Disorders (DSM).

(3) Mental Health Assessment: The written assessment by a QMHP of a Youth in Custody’s mental status and emotional, cognitive, family, developmental, behavioral, social, recreational, physical, nutritional, school or vocational, substance abuse, cultural and legal functioning; concluding with a diagnosis, clinical formulation, prognosis for treatment, treatment recommendations and plan.

(4) Mental Status Examination: An overall standardized assessment of a Youth in Custody’s mental functioning and cognitive abilities.

(5) OYA: Oregon Youth Authority.

(6) Qualified Mental Health Professional (QMHP): A person who provides mental health treatment services to Youth in Custody.

(7) Qualified Mental Health Associate (QMHA): A person who provides mental health services under the direct supervision of a QMHP and who meets the minimum qualifications as authorized by the Supervising Clinical Psychologist or designee.

(8) Supervising Clinical Psychologist: A person who leads and directs OYA clinical mental health services statewide and reports to the OYA medical director.

(9) Treatment Services Supervisor: A person who provides clinical supervision of the mental health treatment services and supports provided by a QMHP at an OYA facility.

(10) Youth in Custody: A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

History

Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022
Statutes/Other Implemented: ORS 420A.022
OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 3-2020, amend filed 04/06/2020, effective 04/06/2020
OYA 1-2017, f. & cert. ef. 1-31-17
OYA 1-2015, f. & cert. ef. 2-19-15
OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11
OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11

Or. Admin. R. 416-070-0020 Initial Credentialing and Certification Process

(1) The Supervising Clinical Psychologist or designee is responsible for credentialing employees hired as OYA Treatment Services Supervisors, QMHPs, and QMHAs.

(2) Treatment Services Supervisors, QMHPs, and QMHAs must meet the requirements established in OAR 416-070-0030 as a Treatment Services Supervisor, QMHP, or QMHA.

(3) The Supervising Clinical Psychologist or designee is responsible for reviewing education, experience and competencies to determine if the individual can be certified as meeting the professional standards of a Treatment Services Supervisor, QMHP, or QMHA as set forth in these rules.

(4) A copy of transcripts, academic degrees, licenses, certifications, and verification forms used to record the credentialing and certification information must be retained in the Treatment Services Supervisor’s, QMHP’s, or QMHA’s personnel file.

(5) OYA must provide to each person certified as a QMHA, QMHP, or a Treatment Services Supervisor, a position description describing the duties that the person is certified to provide.

History

Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022
Statutes/Other Implemented: ORS 420A.022
OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 3-2020, amend filed 04/06/2020, effective 04/06/2020
OYA 1-2017, f. & cert. ef. 1-31-17
OYA 1-2015, f. & cert. ef. 2-19-15
OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11
OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11

Or. Admin. R. 416-070-0030 Qualified Mental Health Associate (QMHA), Qualified Mental Health Professional (QMHP) and Treatment Services Supervisor Standards

(1) A person must meet the following minimum qualifications to be certified to work as a QMHA in an OYA facility:

(a) Bachelor's degree in psychology, social work, or behavioral science field; and

(b) Have one of the following:

(A) An equivalent degree as evidenced by providing transcripts indicating applicable coursework meeting the required competencies and approved by a Treatment Services Supervisor and the Supervising Clinical Psychologist; or

(B) A combination of at least three years of relevant work, education, training, or experience; and

(2) A person must meet the following minimum qualifications to be certified to work as a QMHP in an OYA facility:

(a) The person is a licensed medical practitioner;

(b) The person has a current Oregon clinical mental health license in good standing; or

(A) Holds any of the following educational degrees:

(i) Graduate degree in psychology; or

(ii) Bachelor's degree in nursing and licensed by the State of Oregon; or

(iii) Graduate degree in social work; or

(iv) Graduate degree in a behavioral science field; or

(v) Graduate degree in recreational, music, or art therapy; or

(vi) Bachelor's degree in occupational therapy and licensed by the State of Oregon; and

(B) Whose education and experience demonstrate the competency to identify precipitating events; gather histories of mental and physical disabilities, alcohol and drug use, past mental health services and criminal justice contacts; assess family, social and work relationships; conduct a Mental Status Examination; document a DSM Diagnosis; write and supervise a treatment plan; draft a Mental Health Assessment and provide individual, family and group therapy within the scope of their training.

(3) A person must meet the following minimum qualifications to be certified to work as a Treatment Services Supervisor in an OYA facility:

(a) A current Oregon clinical mental health license in good standing; and

(b) Provides documentation to OYA demonstrating that the person meets the requirements of the licensing board associated with subsection (a) for provision of independent licensure supervision.

History

Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022
Statutes/Other Implemented: ORS 420A.022
OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 1-2015, f. & cert. ef. 2-19-15
OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11
OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11

Or. Admin. R. 416-070-0040 Clinical Supervision of QMHA and QMHP Employees

(1) A QMHA or QMHP must deliver services under the direct supervision of:

(a) A Treatment Services Supervisor; or

(b) The Supervising Clinical Psychologist; or

(2) The Treatment Services Supervisor, Supervising Clinical Psychologist, or person designated by the Supervising Clinical Psychologist to provide clinical supervision must operate within the scope of their practice or licensure, and demonstrate the competency to oversee and evaluate the mental health treatment services and supports provided by a QMHA or QMHP.

(3) Clinical supervision must be provided at least weekly for each QMHA.

(4) Clinical supervision must be provided at least monthly for each QMHP.

(5) The effectiveness of a QMHA’s or QMHP’s mental health services will be evaluated by direct observation of clinical practice and overseeing the QMHA’s or QMHP’s service documentation, case planning, ethical practice, and assessment skills.

History

Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022
Statutes/Other Implemented: ORS 420A.022
OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 1-2017, f. & cert. ef. 1-31-17
OYA 1-2015, f. & cert. ef. 2-19-15
OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11
OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11

Or. Admin. R. 416-070-0050 QMHA, QMHP, and Treatment Services Supervisor Recertification, Certification Expiration, and Suspension

(1) A practitioner who has a current Oregon clinical mental health license must maintain the license in good standing, and provide OYA with a current copy of the license. A licensed practitioner’s QMHP certification will expire when the practitioner’s license expires.

(2) A QMHA certification or QMHP certification issued to unlicensed practitioners under these rules is subject to renewal every two years.

(a) A QMHA certification or QMHP certification of an unlicensed practitioner will expire on September 30. The issuance date of the certified person's first certification will determine if the certification expires on an odd or even year. Certifications issued in odd-numbered years expire in the next odd-numbered year, and certifications issued in even-numbered years expire in the next even-numbered year.

(b) A person seeking renewal of a certification must submit documentation of the following to the Supervising Clinical Psychologist or designee:

(A) At least 24 hours of clinical supervision per year, prorated based on the person’s date of hire and budgeted position status; and

(B) At least five hours of training pertinent to the mental health services in an OYA facility which may include OYA training, supervisor-approved completed readings, verified workshop attendance, or class participation in a graduate program focusing on mental health treatment of mental health disorders.

(3) If the person's previous certification has expired, the person must apply for recertification by submitting the documents listed in section (2) of this rule to the Supervising Clinical Psychologist or designee. The person may not provide mental health services until the person is recertified, or a variance is granted as described in OAR 416-070-0060.

(4) The Supervising Clinical Psychologist may suspend the certification of a QMHA, QMHP, or Treatment Services Supervisor employee based on concerns related to the employee’s performance and behavior while working in a professional capacity, pending the conclusion of a personnel, criminal, abuse or licensure investigation.

History

Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022
Statutes/Other Implemented: ORS 420A.022
OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 3-2020, amend filed 04/06/2020, effective 04/06/2020
OYA 1-2017, f. & cert. ef. 1-31-17
OYA 1-2015, f. & cert. ef. 2-19-15
OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11
OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11

Or. Admin. R. 416-070-0060 Variances

(1) The Supervising Clinical Psychologist may grant a variance to the criteria used to determine the certification status of a QMHA, QMHP, Treatment Services Supervisor if the Supervising Clinical Psychologist documents the reason for the variance and the proposed timeline for the variance.

(2) Signed documentation from the Supervising Clinical Psychologist indicating support of the variance must be retained in the subject QMHA, QMHP, or Treatment Services Supervisor employee’s personnel file.

History

Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022
Statutes/Other Implemented: ORS 420A.022
OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 1-2017, f. & cert. ef. 1-31-17
OYA 1-2015, f. & cert. ef. 2-19-15
OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11
OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11

Division 105 Disclosure of Youth in Custody Case Record Information

Or. Admin. R. 416-105-0000 Definitions

(1) Authorized representative: Attorneys, law students, special investigators, and other persons who have legitimate connection with the legal issue being pursued.

(2) Youth in Custody: A person in the legal and physical custody of OYA either in a youth correction facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
OYA 4-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 2-2021, amend filed 03/04/2021, effective 03/04/2021
OYA 1-2004, f. & cert. ef. 5-14-04

Or. Admin. R. 416-105-0010 Disclosure of Youth in Custody Case Record Information

(1) Requests for case record information must be processed in compliance with OAR chapter 416, division 130.

(2) OYA will disclose information contained in Youth in Custody case records in compliance with applicable federal and state laws, rules, and OYA policies and procedures.

(a) Case records are any official agency information that identifies an individual who was committed to OYA custody by a court and received services from OYA. Case records include any writing or recording of information, such as automated records, printouts, Juvenile Justice Information System records, handwriting, typewriting, printing, photocopying, photographing, magnetic tapes, video recordings, audio recordings, and other documents.

(b) OYA must also follow the Oregon Department of Corrections’ rules when disclosing information contained in case records of Youth in Custody who are, or were, in the legal custody of the Department of Corrections and physical custody of OYA.

(3) Case record information may be used by OYA for purposes directly connected to the administration of OYA programs. Other uses are prohibited unless:

(a) Required by federal or state law or regulation;

(b) Ordered by a judge;

(d) Authorized by Oregon laws or administrative rules; or

(e) Requested in writing by the Youth in Custody or the Youth in Custody’s authorized representative.

(4) Confidential information

(a) Individuals, agencies, or organizations that receive confidential information from OYA are expected to preserve the confidentiality of the communication.

(b) Information obtained by OYA from another social agency, public department, institution, hospital, physician, or attorney is for the exclusive use of OYA in the administration of its program. Such information may be disclosed to individuals or agencies other than those specifically authorized in writing by the Youth in Custody when the disclosure is directly related to the administration of OYA and its programs.

(A) Information received by OYA from Old Age Survivor and Disability Insurance (OASDI), Veteran's Administration, the Workers’ Compensation Board, or information contained in child abuse investigation reports may not be released, regardless of the Youth in Custody’s authorization.

(B) Substance use treatment information may only be released when criteria in the federal regulations are met.

(C) Release of Youth in Custody medical records or mental health information may only be released in compliance with Oregon laws.

(5) Copies of Youth in Custody information used for ad hoc consultation (e.g., case staffing) and not needed for the consultant's permanent file must be promptly destroyed.

(6) When a Youth in Custody’s case record or part of the case record has been sealed or marked as expunged, the provisions of OAR chapter 416, division 140 apply.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
OYA 4-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 2-2021, amend filed 03/04/2021, effective 03/04/2021
OYA 1-2004, f. & cert. ef. 5-14-04

Or. Admin. R. 416-105-0030 Use of Case Record Information by OYA and Other Service Agencies

(1) Unless otherwise prohibited by laws, rules, or the courts, OYA may disclose information to administer programs and provide services to Youth in Custody. Social service agencies, courts, foster parents, service providers (including medical providers), and OYA agents that provide services to Youth in Custody at the request of OYA are subject to these rules and OYA policies regarding appropriate release of information.

(2) Reasons for disclosure include, but are not limited to:

(a) Juvenile or tribal court proceedings involving the jurisdiction, custody, placement, supervision, or service provision to a Youth in custody;

(b) A social service agency, service provider or OYA agent for the purpose of arranging appropriate services for a Youth in Custody and the Youth in Custody's family (e.g., intensive family service workers, foster parents, youth care centers, private youth caring agencies, treatment centers, Indian social service or child welfare agencies, physicians and other health care providers, mental health professionals, volunteers, student interns);

(c) A legislator or legislative body committee member with a release of information signed by the Youth in Custody. If the legislator or committee member requests information to respond to a Youth in Custody's letter, the letter is considered a release of information. If the legislator or committee member requests information to respond to a Youth in Custody's telephonic request, OYA may briefly discuss the case if the legislator or committee member can assure the Youth in Custody has authorized disclosure and there is neither physical inspection nor copying of the records by the legislator or committee member;

(d) The Division of Child Support when information is needed to locate children or absent parents, or to establish support for a Youth in Custody in OYA custody;

(e) Agencies for program review or audit, with prior OYA written authorization;

(f) The Department of Human Services when the information is to determine a Youth in Custody's eligibility for services, or for administration of its programs;

(g) A law enforcement agency or a district attorney's office when the information is needed for a child abuse assessment, or criminal investigation, civil or criminal proceedings related to administering OYA programs;

(h) Citizen review boards when carrying out official duties of the board;

(i) A public disclosure in compliance with OYA policy, including, but not limited to instances where:

(A) A Youth in Custody escapes from a secure facility or absconds from community placement; has been abducted or missing and believed to be in danger; or is missing and believed to be a threat to the welfare of others;

(B) A Youth in Custody presents a clear and immediate danger to another person or society. Information will be provided to proper authorities and the person or entity in danger;

(C) OYA determines that publicly recognizing a Youth in Custody is in the Youth in Custody’s best interest to secure essential services for the Youth in Custody, or to recognize the Youth in Custody’s special achievement; and

(j) The Youth in Custody authorizes release of information by signing an appropriate release form.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
OYA 4-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 2-2021, amend filed 03/04/2021, effective 03/04/2021
OYA 1-2004, f. & cert. ef. 5-14-04

Or. Admin. R. 416-105-0040 Other Access

Other types of access to Youth in Custody case record information include, but are not limited to:

(1) Judicial proceedings

(a) Information from confidential records must not be disclosed in any judicial proceedings unless it is directly connected with the administration of OYA programs, or when the Youth in Custody has given written and specific authorization for such release, or when ordered by the court.

(b) OYA staff served with a subpoena or involved in any other legal process that may include the release of confidential information must act within OYA policy standards.

(2) Research: OYA may approve a person or organization to review records for research purposes, according to OAR chapter 416, division 170.

(3) Youth in Custody or Authorized Representatives

(a) A Youth in Custody may see only the Youth in Custody’s own record.

(b) OYA staff will review each request and record individually before it is released to the Youth in Custody for review in accordance with OYA policy.

(A) The Youth in Custody may read the record in the presence of OYA staff.

(B) OYA may seek legal counsel review of a request when the release of information may be harmful to the Youth in Custody or others.

(c) For Department of Corrections' Youth in Custody in OYA physical custody, the Department of Corrections' record disclosure rules also apply.

(d) A Youth in Custody's attorney of record for the crime of commitment: OYA staff will review each request and record individually before it is released to the attorney of record for review in accordance with OYA policy.

(4) A Youth in Custody’s parent or legal guardian

(a) Reports and other materials relating to the Youth in Custody's history and prognosis may be disclosed to parents or legal guardians upon request, as defined by Oregon laws.

(b) OYA may seek legal counsel review of a request if the release of information may be harmful to the Youth in Custody or to determine if the information is otherwise protected by Oregon Law.

(c) Unless ordered by the court to release the information, OYA may withhold from a parent or guardian the address of a Youth in Custody’s substitute care provider if OYA has reason to believe such action is necessary to protect the safety of the Youth in Custody or the substitute care provider.

(5) Law enforcement:

(a) Except as authorized by federal or state law and OYA policy, OYA staff must not give law enforcement agencies any information from a Youth in Custody’s or former Youth in Custody’s case records, conversations, or sources obtained because the Youth in Custody is or was in OYA’s custody.

(b) Information related to a child abuse assessment, criminal investigation, or civil or criminal proceeding to administer OYA programs may be released.

(A) The law enforcement agency provides the name and social security number of the Youth in Custody;

(B) The law enforcement agency satisfactorily demonstrates that the Youth in Custody is a fugitive, the apprehension of the Youth in Custody is within the law enforcement agency's official duties, and the request is made in the proper exercise of those duties.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
OYA 4-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 2-2021, amend filed 03/04/2021, effective 03/04/2021
OYA 1-2004, f. & cert. ef. 5-14-04

Division 106 Disclosure of Adjudicated Youth Information to Victims

Or. Admin. R. 416-106-0010 Purpose

The Oregon Youth Authority (OYA) values treating victims of crime with dignity and respect, and keeping them informed as prescribed by law. These rules delineate when OYA may disclose certain information about adjudicated youth to victims of crime.

History

Statutory/Other Authority: ORS 420A.025 & ORS 420A.115
Statutes/Other Implemented: ORS 420A.115
OYA 16-2023, adopt filed 05/30/2023, effective 05/31/2023

Or. Admin. R. 416-106-0020 Definitions

(1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under 419C.005 for an act committed when the person was under 18 years of age.

(2) Crime: The act that has brought the adjudicated youth before the juvenile court.

(3) OYA: Oregon Youth Authority.

(4) Parole: The conditional release of an adjudicated youth from a youth correction facility subject to the director’s authority to revoke parole pursuant to ORS 420.045(3).

(5) Victim: Any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime, and, in the case of a victim who is a minor, the legal guardian of the minor.

(6) Youth correction facility: A facility used for the confinement of adjudicated youth and others, and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps, and branches of those facilities.

History

Statutory/Other Authority: ORS 420A.025 & ORS 420A.115
Statutes/Other Implemented: ORS 420A.115 & ORS 420A.122
OYA 16-2023, adopt filed 05/30/2023, effective 05/31/2023

Or. Admin. R. 416-106-0030 Victim notification upon an adjudicated youth's commitment to OYA

OYA must notify a victim upon an adjudicated youth’s commitment to OYA of the following:

(1) How the victim may request the progress, on a prescribed metrics scale, that the adjudicated youth has made while in a youth correction facility;

(2) How the victim may request to be contacted to provide information about the potential impact of authorizing parole for the adjudicated youth;

(3) How the victim may request to be notified of the adjudicated youth’s movement during the adjudicated youth’s confinement to a youth correction facility; and

(4) That for victim notification purposes, an adjudicated youth’s movement includes the following:

(a) Initial and any subsequent confinement to a youth correction facility;

(b) Escape from a youth correction facility;

(d) Parole revocation;

(e) Unauthorized absence from a parole community placement;

(f) Return from an unauthorized absence from a parole community placement; and

(g) Discharge from OYA parole supervision and custody.

History

Statutory/Other Authority: ORS 420A.025, ORS 420A.115 & ORS 420A.122
Statutes/Other Implemented: ORS 420A.115 & ORS 420A.122
OYA 16-2023, adopt filed 05/30/2023, effective 05/31/2023

Or. Admin. R. 416-106-0040 Adjudicated youth information disclosable to victims

(1) OYA may share with a victim an adjudicated youth’s progress while in a youth correction facility in any of these instances:

(a) At the victim’s request;

(b) When OYA seeks information from the victim regarding the impact of the crime in order to assist with case planning for the adjudicated youth; or

(c) When OYA seeks information from the victim regarding the potential impact of authorizing the adjudicated youth to go on parole.

(2) In any of the circumstances listed in section (1) above, OYA may share with a victim the adjudicated youth’s progress while in a youth correction facility in the following areas:

(a) Completion of assigned services and reformation goals;

(b) Overall level of engagement in services and reformation goals;

(d) Recognition of the impact of the adjudicated youth’s actions on the community; and

(e) Completion of a transition plan for parole.

(3) An adjudicated youth’s progress while confined in a youth correction facility may be shared with the victim only by a metrics scale that describes the progress in each of the areas listed in section (2) above. The metrics scale is adopted as Exhibit 1 “Adjudicated Youth Progress Scale” and incorporated by reference into this rule. A copy may be obtained from OYA.

(4) OYA may share the following information regarding an adjudicated youth with the victim in the circumstances listed in section (1) above, when the adjudicated youth is authorized for parole, and prior to the adjudicated youth’s discharge from a youth correction facility:

(a) The adjudicated youth’s name and date of birth;

(b) The names and addresses of the adjudicated youth’s parents or guardians;

(d) The name and contact information of the individual to contact for further information about the notification;

(e) The adjudicated youth’s date of release or discharge;

(f) The type of placement to which the adjudicated youth is released;

(g) The specific offense that brought the adjudicated youth within the jurisdiction of the juvenile court;

(h) Any terms of parole including, but not limited to, whether school attendance is a condition of release; and

(i) Any other conditions required by the court.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 420A.025, ORS 420A.115 & ORS 420A.122
Statutes/Other Implemented: ORS 420A.115 & ORS 420A.122
OYA 16-2023, adopt filed 05/30/2023, effective 05/31/2023

Division 115 Interstate Compact

Or. Admin. R. 416-115-0010 Definitions

(1) Absconder: A juvenile on probation or parole who hides, conceals, or absents so that they are unavailable for the legal process or authorized control.

(2) Accused Delinquent: A person charged with an offense, if committed by an adult would be a criminal offense.

(3) Adjudicated Delinquent: A person found to have committed an offense that, if committed by an adult, would be a criminal offense.

(4) Deputy Juvenile Compact Administrator: An Oregon Youth Authority employee appointed by the Director of the Oregon Youth Authority to serve as the general coordinator of activities, rules and policy developed to carry out the terms and provisions of the ICJ.

(5) Escapee: A Juvenile who has made an unauthorized flight from in-custody status or a facility to which the Juvenile has been committed by a lawful authority.

(6) Home State: The state where the parent(s), guardian(s), person, or agency having legal custody of the juvenile is residing or undertakes to reside.

(7) Interstate Compact for Juveniles (ICJ): The agreement pertaining to the legally authorized transfer of supervision and care, as well as the return of juveniles from one state to another, which has been adopted by all member states that have enacted legislation in substantially the same language. The agreement does not include or provide for the transfer of court jurisdiction from one state to another.

(8) Juvenile: Any person within the juvenile jurisdictional age limit of any court in the Home/Sending State, or any individual adjudicated delinquent within the Home/Sending state and who remains under custodial care or community supervision of the juvenile authority.

(9) Runaway: A child under the juvenile jurisdictional age limit established by the state, who has run away from his/her place of residence, without the consent of the parent, guardian, person, or agency entitled to his/her legal custody.

(10) Sending State: A state which has sent or is in the process of sending a juvenile to another state for supervision under the provisions of the ICJ.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 417.010 - 417.080
OYA 3-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 1-2021, amend filed 01/13/2021, effective 01/13/2021
OYA 5-2012, f. & cert. ef. 6-25-12
OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11
OYA 1-2007, f. & cert. ef. 2-13-07

Or. Admin. R. 416-115-0020 Eligibility for Services through the Interstate Compact for Juveniles

(1) Juveniles under juvenile jurisdiction in the Sending State of any state that is a party to the ICJ are eligible for services pursuant to the provisions of the ICJ.

(2) All Runaways, Absconders, Accused Delinquents and Escapees are eligible for services pursuant to the provisions of the ICJ.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 417.010 - 417.080
OYA 1-2021, amend filed 01/13/2021, effective 01/13/2021
OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11
OYA 1-2007, f. & cert. ef. 2-13-07

Or. Admin. R. 416-115-0025 Standards for Juvenile Interstate Transfer of Supervision

The Oregon Youth Authority adopts by this reference standards for the interstate transfer of adjudicated youth supervision and services set in the official ICJ rules, published by the Interstate Commission for Juveniles, as updated to reflect all amendments through April 1, 2026. The rules may be viewed at the Interstate Commission for Juveniles website at http://juvenilecompact.org/.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 417.010 - 417.080
OYA 2-2026, amend filed 08/26/2026, effective 08/26/2026
OYA 3-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 1-2021, amend filed 01/13/2021, effective 01/13/2021
OYA 12-2018, amend filed 07/06/2018, effective 07/06/2018
OYA 3-2016, f. & cert. ef. 4-1-16
OYA 7-2015, f. & cert. ef. 10-7-15
OYA 3-2015(Temp), f. & cert. ef. 8-5-15 thru 1-21-16
OYA 5-2012, f. & cert. ef. 6-25-12
OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11

Or. Admin. R. 416-115-0030 Administration of the Interstate Compact for Juveniles

The Oregon Youth Authority (OYA) Deputy Juvenile Compact Administrator will provide interpretation of the ICJ and coordination of all referrals or requests to:

(1) Permit out-of-state supervision of a juvenile who should be sent to another state when eligible for parole or probation;

(2) Permit out-of-state travel for an Adjudicated Delinquent;

(3) Provide for the return of Accused Delinquents, Absconders, and Escapees to the states they left;

(4) Provide for return of Runaways to their Home States who have not as yet been adjudged delinquent; and

(5) Return juveniles to Oregon when ICJ placement fails.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 417.010 - 417.080
OYA 1-2021, amend filed 01/13/2021, effective 01/13/2021
OYA 5-2012, f. & cert. ef. 6-25-12
OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11
OYA 1-2007, f. & cert. ef. 2-13-07

Division 130 Inspection and Copying of Public Records

Or. Admin. R. 416-130-0000 Definitions

(1) Person: Any natural person, corporation, partnership, firm, or association.

(2) Public Record: Any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by a public body regardless of physical form or characteristics.

(3) Writing: Handwriting, typewriting, printing, photographing and every means of recording including letters, words, pictures, sounds, or symbols, and all papers, maps, files, facsimiles, or electronic recordings.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
OYA 15-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 11-2000, f. & cert. ef 12-12-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-130-0010 Access and Response

OYA complies with all federal and state laws and rules concerning disclosure of public records.

(1) OYA must respond to written requests to view or obtain copies of public records as soon as possible and without unreasonable delay. The response will acknowledge receipt of the request and the status of its response, as required by Oregon laws.

(2) A written procedure for making public record requests is available on the OYA website, and may be provided upon request.

(3) OYA must notify the requester of any fees needed to complete the request as described in

OAR 416-130-0060.

(4) OYA may request additional information from a requester to expedite the response to the request, and may suspend its response until the additional information is provided. If the requester fails to respond to OYA’s request for additional information within 60 days, OYA may close the requester’s request.

(5) If the public record is maintained in a machine readable or electronic form, OYA must provide copies of the public record in the form requested, if available. If the public record is not available in the form requested, it may be made available in the form in which it is maintained.

(6) Upon request of a person with a disability for public records otherwise available to the requester under these rules, OYA will consult with the person about making the requested records available in alternative format at no additional cost to the person.

(7) If a requester would like to inspect a public record, OYA and the requester must agree on a reasonable date and time the records may be inspected. Inspection must be done as described in

OAR 416-130-0050.Fees for redaction will apply to the cost to inspect a record. If the cost is less to release than allow inspection, the least expensive option will be pursued.

(8) OYA must follow federal and state laws regarding exemptions from public disclosure, and will notify a requester in writing when requested public records are exempt from disclosure.

(9) Appeal

(a) A person denied access to OYA public records may appeal the decision within seven days of receipt of the denial by writing to the OYA employee who sent the denial notice, and stating that an appeal is being requested.

(b) A person denied access to OYA public records after completing an appeal described in OAR 416-130-0010(5)(a) may petition the Attorney General’s office to review the public record to determine if it may be withheld from public inspection. The petition must be submitted in the manner prescribed by the Attorney General’s office.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
OYA 15-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 11-2000, f. & cert. ef 12-12-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-130-0050 Public Record Inspection and Copying Procedures

(1) Public record inspection by a requester

(a) Prior to allowing inspection of a public record, OYA staff must review the record and separate any material which is exempt from disclosure from non-exempt material, or redact exempt information. The non-exempt material must be made available for inspection.

(b) OYA must provide the person requesting inspection a place to review the record. A person designated by OYA must supervise the person reviewing the record in order to ensure it is not altered in any way.

(c) The person inspecting the record may designate pages to be copied, or may request copies of specific information contained in the record. Only OYA staff may copy the designated material.

(2) Copy of public record for a requester

(a) OYA must redact information that is not disclosable to the requester prior to providing the requester with a copy of the public record.

(b) An OYA subject matter expert must review the information to be disclosed prior to its disclosure to ensure compliance with public records laws and information protection.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
OYA 15-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 11-2000, f. & cert. ef 12-12-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-130-0060 Charges

(1) OYA may charge a requester for the cost of making the record available to the requester. Charges for record review and copying are limited to the actual cost of making the record available.

(2) "Actual cost" may include a charge for the time spent in locating the requested records, reviewing the records to redact exempt information, supervising a person's inspection of original documents if the cost is greater than providing a copy of the record, or copying records, including:

(a) The cost of current salaries, including other payroll expenses, of staff given these duties;

(b) Cost per page for copies based on the current state printing and distribution price list; and

(c) When an Attorney General's review of the records is required by OYA, a charge will be made to cover the cost of that service.

(3) OYA must inform the requester of estimated charges and may require a deposit before acting on the request, or may require prepayment of actual costs before making the record available for inspection.

(a) If the actual charges are less than the deposit or prepayment, any overpayment will be promptly refunded. If actual charges exceed the deposit or estimate, the additional charge may be recovered from the requester.

(b) The requester may ask OYA for a waiver of the charges for the cost of making the record available and must explain why allowing the waiver is in the public’s interest. OYA must consider the following when evaluating a request for a fee waiver:

(A) The public interest in the disclosure, the impact on the welfare of the general public, and the requesters’ ability to disseminate the information;

(B) Reasonableness of the request when considering such factors as the complexity of the request, the need for redaction, the volume of records, and the extent of time, expense, and interference with the business of the agency; and

(C) Whether the individual, private, or commercial interest is less than the public interest and is unrelated to an administrative, judicial, or legal proceeding; or a commercial interest.

(c) If OYA denies the request for a waiver of all or part of the actual cost of providing the record, the requester may petition the Attorney General for a review of the denial of the waiver.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 192 & ORS 419A.255
OYA 4-2020, amend filed 04/06/2020, effective 04/06/2020
OYA 15-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 11-2000, f. & cert. ef 12-12-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 150 Interviews with Youth in Custody

Or. Admin. R. 416-150-0000 Purpose

(1) These rules establish guidelines to ensure the rights of youth in custody are maintained when persons seek to interview youth in OYA custody.

(2) These rules apply to all youth who are committed to the legal or physical custody of the OYA, and placed in OYA facilities or under OYA supervision on parole/probation status in the community.

(3) A “youth in custody” is defined as a person in the legal and physical custody of OYA, either in an OYA close-custody facility or placed in the community under supervision; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA close-custody facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010
OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2004, f. & cert. ef. 5-14-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-150-0010 Law Enforcement Interrogation or Polygraph

When a law enforcement agency (LEA) asks to interrogate or conduct a polygraph examination of a youth in custody suspected of violating the law or having knowledge of a law violation, OYA staff will do the following:

(1) Obtain consent from the parole/probation supervisor, or facility superintendent/camp director;

(2) Obtain consent from the youth in custody following informed consent procedures;

(3) Assure the LEA representative has proper identification; and

(4) Determine if the LEA representative has a warrant.

(a) If a warrant exists, OYA staff will assist the LEA representative insofar as such assistance does not infringe upon the youth in custody's right to remain silent and to have legal representation present.

(b) If no warrant exists, OYA staff will ensure that:

(A) The youth in custody’s legal guardian, if other than OYA, consents to the interrogation or polygraph; and

(B) The youth in custody’s attorney, if any, is notified.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010
OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2004, f. & cert. ef. 5-14-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-150-0020 Attorney Interview

(1) When an attorney asks to interview a youth in custody, the following provisions must apply:

(a) The attorney of record representing the youth in custody may interview the youth in custody privately. If the attorney, or the youth in custody requests, an OYA staff will be present during the interview; and

(b) An adversarial attorney will not be permitted to interview a youth in custody unless the youth in custody's legal guardian consents to the interview and the youth in custody's own attorney is also present.

(2) Youth in custody may request an opportunity to privately consult with legal counsel, either face-to-face or by telephone.

(a) Attorneys of record who wish to consult face-to-face with youth in custody must make an appointment in advance.

(b) When a youth in custody requests to telephone an attorney or an attorney attempts to make contact via telephone with their client, OYA staff will arrange the call as soon as reasonably practical within normal business hours, and in all cases within 24 hours of the request, excluding weekends or holidays. In an emergency, the call will be arranged as soon as reasonably practical without regard to normal business hours, weekends or holidays.

(c) Staff will not screen or inquire into the reason for or the purpose of the call, except to determine if an emergency exists.

(3) A copy of the current directory of attorneys in Oregon will be maintained at each OYA facility.

(4) All youth in custody may access the courts, without obstruction or interference by OYA staff, in order to challenge unlawful commitments and to seek redress for violations of their constitutional rights.

(5) All youth in custody will be permitted to retain legal papers and correspondence in a confidential manner. Written correspondence between attorneys and youth in custody is addressed in OAR 416-440-0020.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010
OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2004, f. & cert. ef. 5-14-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-150-0040 Other Interviews

(1) Other persons may request to interview a youth in custody relating to benefits for the youth in custody (e.g., Social Security, Veterans’ Administration, Department of Revenue), or to seek information in support of pending litigation or other matters.

(2) When such request is received, OYA staff will do the following:

(a) Determine the reason for the interview;

(b) Contact appropriate OYA Central Office staff, if the request is related to litigation or in response to subpoena;

(d) Determine whether legal counsel, the youth in custody’s parents/guardians, or OYA staff should consent or be present; and

(e) Set the time and place of the interview.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010
OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2004, f. & cert. ef. 5-14-04

Or. Admin. R. 416-150-0050 Recording Interviews

If the interviewer requests to make a mechanical or electronic recording of the interview, OYA staff will ensure the following events occur:

(1) The youth in custody is informed about the type of recording to be made and its purpose, including how information will be used in the future and who will have access to it;

(2) The youth in custody consents in writing to the recording; and

(3) The youth in custody understands their right to refuse the recording, and seek legal assistance before the recording is made.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010
OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2004, f. & cert. ef. 5-14-04

Division 170 Approval of Research Proposals

Or. Admin. R. 416-170-0000 Purpose and Scope

(1) The purpose of these rules is to establish a uniform process for review and approval or denial of research project proposals to be conducted within the Oregon Youth Authority (OYA).

(2) These rules apply to all youth in OYA physical or legal custody, including those placed under supervision within the community in contracted residential care programs or youth in custody foster homes, and youth in OYA close-custody facilities.

(3) Research projects may be conducted by OYA staff, professional researchers, or by students and others with an interest in juvenile corrections services.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 419C, 420 & 420A
OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 1-2012, f. & cert. ef. 2-3-12
OYA 2-2005, f. & cert. ef. 1-11-05
OYA 5-2000, f. & cert. ef. 6-15-00

Or. Admin. R. 416-170-0005 Definitions

(1) OYA Executive Team: An executive group that provides oversight to OYA operations.

(2) OYA: Oregon Youth Authority

(3) OYA Research Committee (ORC): OYA committee comprised of OYA staff and external partners, overseen by the OYA Research Manager.

(4) Youth in custody: A person in the legal and physical custody of OYA, either in an OYA close-custody facility or placed in the community under supervision; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA close-custody facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 1-2012, f. & cert. ef. 2-3-12
Renumbered from 416-170-0050, OYA 4-2005, f. & cert. ef. 1-13-05
OYA 2-2005, f. & cert. ef. 1-11-05

Or. Admin. R. 416-170-0010 General Standards

(1) No research may be conducted without OYA approval in the manner prescribed in these rules, and related OYA policy and procedures.

(a) Oregon Department of Corrections (DOC) approval is required for any research involving youth in custody in the legal custody of DOC and the physical custody of OYA.

(b) Youth in custody participation must be voluntary and the youth in custody 's confidentiality will be protected.

(c) OYA retains the right to review the compilation of data or completed report describing project outcomes prior to publication, and may require a disclaimer if it believes assumptions about the data are flawed.

(2) OYA will consider research proposals that benefit the agency or juvenile corrections as a whole, such as:

(a) Studies of possible causes of criminal behavior, and effects of incarceration;

(b) Studies of close custody systems or treatment programs as institutional structures or of youth as incarcerated persons;

(d) Research on practices, both innovative and accepted, that have the intent and reasonable probability of improving the health or well-being of the subject. In cases in which such research requires the assignment of youth in custody to control groups that may not benefit from the research, the research proposal will include discussion regarding the ethical considerations to support the research.

(3) All research project proposals submitted to OYA must have been reviewed and approved by a human subjects review committee prior to submittal to OYA.

(4) The risk posed to subjects will be no more than minimal and participation in the study will represent no more than an inconvenience.

(5) Treatments, therapies, and procedures used in the project must be generally recognized and accepted as therapeutic.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 1-2012, f. & cert. ef. 2-3-12
OYA 2-2005, f. & cert. ef. 1-11-05
OYA 5-2000, f. & cert. ef. 6-15-00

Or. Admin. R. 416-170-0020 Project Review

(1) The OYA Research Committee (ORC) will review all research project proposals prior to implementation. Following such review, the ORC will submit a recommendation to the OYA research manager for approval or denial of the project. The decision of the OYA research manager is final.

(2) Proposals requiring OYA policy decisions will be referred to the OYA Executive Team, as appropriate.

(3) The ORC may recommend agency approval of research projects only if it finds that:

(a) The research project proposal has been reviewed and approved by a human subjects review committee (e.g., institutional review board);

(b) The research question is relevant and of importance to the agency or juvenile corrections as a whole;

(c) The implementation of such project does not cause undue expense or use of agency resources or compromise safety, security, OYA’s mission, or state or federal laws;

(d) The advantages to the youth in custody are not of such a magnitude as to affect the youth in custody 's ability to weigh the risks of the research against the value of such advantages in the limited-choice environment within facilities or programs;

(e) The risks involved in the research are commensurate with the risks that would be accepted by non-adjudicated or non-convicted persons;

(f) Procedures for selection of subjects within the facility are fair to all youth in custody and immune from arbitrary intervention by facility or program personnel, or other youth in custody. Unless there is written justification for following some other procedures, control subjects will be selected randomly from the group of available youth in custody who meet the characteristics needed for the particular research project; and

(g) Adequate assurance exists that a youth in custody 's participation in the project or refusal to participate will not affect the youth in custody's release or privilege status.

(4) During the review process, the ORC may engage other parties, such as advisory committees and representatives of other governmental agencies, to provide technical critiques of the proposed project and opinions on its merits.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 1-2012, f. & cert. ef. 2-3-12
OYA 2-2005, f. & cert. ef. 1-11-05
OYA 5-2000, f. & cert. ef. 6-15-00

Or. Admin. R. 416-170-0030 OYA Research Committee (ORC)

The ORC will:

(1) Develop procedures to ensure that proposals are reviewed in a timely manner;

(2) Represent the agency's facilities, programs, stakeholders, and youth in custody, and include persons with the technical knowledge and ability to review project methodology and outcomes;

(3) Review all research proposals and submit recommendations for approval or denial of such requests to the OYA research manager for final approval;

(4) Ensure proper consent and assent is given prior to a youth in custody’s participation in a research project, according to OYA policy and a human subjects review committee recommendations;

(5) Provide notification of approved research projects, including a copy of the approved informed consent or assent form, to relevant OYA programs or facilities;

(6) Maintain a complete and current list of all research projects approved by OYA;

(7) Review the resulting data or project report and recommend to the OYA Executive Team whether a disclaimer is necessary; and

(8) Assist in the development of a project summary for distribution to the agency-at-large.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 1-2012, f. & cert. ef. 2-3-12
OYA 2-2005, f. & cert. ef. 1-11-05
OYA 5-2000, f. & cert. ef. 6-15-00

Division 180 Administration of the Juvenile Justice Information System (JJIS)

Or. Admin. R. 416-180-0000 Purpose

The purpose of these rules is to establish how the Juvenile Justice Information System (JJIS) is developed and maintained by the state through the Oregon Youth Authority (OYA), and administered in partnership with county juvenile departments.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.223
OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019
OYA 3-2004, f. & cert. ef. 5-14-04
OYA 4-2000, f. & cert. ef. 6-5-00

Or. Admin. R. 416-180-0005 Definitions

(1) External partner: A public or private agency (other than an internal partner) that works with youth or adjudicated youth served by the county juvenile departments and the Oregon Youth Authority, and has been authorized to have JJIS access.

(2) Internal partner: An organization that directly records data, reports information, or manages a youth or adjudicated youth caseload using JJIS.

(3) Juvenile Justice Information System (JJIS): An electronic information system developed and maintained by the state through the Oregon Youth Authority (OYA) and administered in partnership with county juvenile departments.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.223
OYA 12-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 1-2019, adopt filed 03/29/2019, effective 04/01/2019

Or. Admin. R. 416-180-0010 Vision

The JJIS vision is to promote public safety and youth accountability and to offer opportunities for reformation to youth, through a statewide juvenile justice information system that:

(1) Provides a comprehensive view of information about youth and adjudicated youth across Oregon’s state and county juvenile justice agencies;

(2) Provides comprehensive support for managing individual youth and adjudicated youth cases and tracking youth and adjudicated youth through the juvenile justice process;

(3) Provides the capacity for and aids in the overall planning, development, and evaluation of programs designed to reduce juvenile crime; and

(4) Recognizes and supports the common needs of juvenile justice partner agencies.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.223
OYA 12-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019
OYA 3-2004, f. & cert. ef. 5-14-04
OYA 4-2000, f. & cert. ef. 6-5-00

Or. Admin. R. 416-180-0020 Steering Committee

JJIS is administered by OYA in partnership with county juvenile departments through a JJIS Steering Committee.

(1) The JJIS Steering Committee sets the JJIS vision and goals. The Steering Committee's responsibilities include, but are not limited to:

(a) Oversight of the development and implementation of policies and processes for collecting and reporting data;

(b) Assignment of duties between partnering state and local agencies;

(d) Monitoring of external partner JJIS access; and

(e) Final approval of JJIS policies and procedures, decisions relating to implementation and maintenance of the system and upgrades.

(2) The Steering Committee may develop advisory groups, as necessary, to help achieve JJIS goals.

(3) The Steering Committee must meet at least once every three months. Membership may include internal and external partners. Steering Committee members include the following:

(a) Three OYA representatives, including the Steering Committee chairperson, appointed by the OYA director;

(b) Five county juvenile department directors, including the Steering Committee co-chair, appointed by the Oregon Juvenile Department Directors’ Association (OJDDA); and

(c) External partners with interest in the JJIS system or database who may be invited by a Steering Committee chairperson to attend Steering Committee meetings to participate in discussions.

(d) Only members listed under (a) and (b) above may vote on Steering Committee recommendations.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.223
OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019
OYA 3-2004, f. & cert. ef. 5-14-04
OYA 4-2000, f. & cert. ef. 6-5-00

Or. Admin. R. 416-180-0030 Intergovernmental Agreements

(1) Intergovernmental agreements must be maintained between internal partners that outline the division of state and county roles and costs.

(2) Intergovernmental agreements may be written to describe the roles of external partners, as determined by the Steering Committee.

(3) The language in the intergovernmental agreements must be approved by the Steering Committee and reviewed on a timeline determined by the Steering Committee. Revisions to the intergovernmental agreements require the Steering Committee’s prior approval.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.223
OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019
OYA 3-2004, f. & cert. ef. 5-14-04
OYA 4-2000, f. & cert. ef. 6-5-00

Or. Admin. R. 416-180-0040 JJIS Policy and Procedure Development

(1) JJIS policy and procedures are developed and approved through the Steering Committee. Final JJIS policies and procedures must be retained and available electronically.

(2) Each participating state and county agency must ensure that its daily operations adhere to the standards contained within the JJIS policies and procedures.

(3) Draft policies and procedures must be distributed to the OYA rules and policy coordinator for review prior to the Steering Committee’s adoption, amendment, or repeal.

(4) The Steering Committee has final authority to approve all JJIS policies and procedures.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.223
OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019
OYA 3-2004, f. & cert. ef. 5-14-04
OYA 4-2000, f. & cert. ef. 6-5-00

Or. Admin. R. 416-180-0050 Information Security

(1) JJIS must comply with all federal, state, and local laws regarding public information and confidentiality, and information technology standards set by the Oregon Legislature, the Department of Administrative Services, and the Criminal Justice Information Standards. The Steering Committee must establish methods for data interchange and information access between partnering agencies that comply with such laws and standards.

(2) OYA or a county juvenile department may disclose information in JJIS relating to a youth's or adjudicated youth’s history and prognosis only to a government agency, a public or private post-secondary institution of education, or a person with whom OYA or a county juvenile department has entered into an agreement for the disclosure of the information, and only for the following purposes:

(a) Research;

(b) Evaluation;

(d) Program planning; and

(e) Compliance with grant requirements and audits.

(3) OYA must also follow OAR chapter 416, division 170 when disclosing information under OAR 416-180-0050(2)(a).

(4) JJIS internal and external partners must conform to system security measures, as defined by JJIS policies and procedures and implemented at the local level through related procedures, to protect the integrity of the system.

(5) The Steering Committee retains the right to terminate JJIS access at any time for violation of a user’s access agreement.

(6) No person may use the JJIS system or JJIS data for personal interest, advantage, gain, or for any private purpose.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.223
OYA 12-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 3-2019, minor correction filed 04/02/2019, effective 04/02/2019
OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019
OYA 3-2004, f. & cert. ef. 5-14-04
OYA 4-2000, f. & cert. ef. 6-5-00

Division 250 OYA Audit Guidelines

Or. Admin. R. 416-250-0000 Purpose and Scope

(1) These rules establish an OYA procedure for audits of any service provider agreeing to offer services through direct contract with the OYA, and the provider’s subcontractors and vendors. These rules also establish basic record keeping standards for programs subject to audit under these rules, establish procedures for appealing audit findings, and set out a process to implement the findings of the final audit report.

(2) Under these rules, the OYA may audit any service provider that provides any part of OYA services. The scope of the audit will include only OYA funds or related matching funds. However, OYA may include other funds in its tests to the extent necessary to audit OYA funds or matching funds.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-250-0010 Definitions

(1) Audit: The examination of documents, records, reports, systems of internal control, accounting and financial procedures, and other evidence for one or more of the following purposes:

(a) To ascertain whether the financial statements present fairly the financial position and the results of financial operations of the fund types and/or account groups in accordance with Generally Accepted Accounting Principles and federal and state rules and regulations;

(b) To determine compliance with applicable laws, rules, regulations and contract provisions;

(d) To review effectiveness in achieving program results.

(2) Capital construction: An expenditure related to construction or remodeling of physical facilities with a projected cost of $1,000,000 or more.

(3) Capital improvement: An expenditure related to construction or remodeling of physical facilities with a projected cost of more than $5,000 but less than $1,000,000.

(4) Capital outlay: Purchases of equipment and tangible personal property of a non-expendable nature which have a useful life of more than one year. The minimum dollar threshold for determining if a purchase is capital outlay cannot exceed the amount set for state purchases of capital outlay. The current threshold for the State of Oregon is $5,000, however, a lesser amount may be used.

(5) Direct contractor: A person or organization which operates under a direct contract with OYA to provide services to youth in OYA’s custody.

(6) Internal auditor: Auditors within OYA.

(7) Internal control structure: The plan of organization including all of the methods and measures adopted within a business to safeguard its assets, check the accuracy and reliability of its accounting data, and promote operational efficiency and adherence to management's policies.

(8) Non-allowable expenditures: Expenditures made by a contractor or subcontractor of OYA which are not consistent with relevant federal and state laws, rules, regulations or contract provisions. To be allowable, expenditures must be necessary and reasonable for the proper and efficient performance of the contracted services. If only state funds are involved, expenditures will be evaluated based on state laws and rules, the contract provisions, and whether they are necessary and reasonable for the proper and efficient performance of the contracted services. When federal funds are involved, determination of allowable expenditures includes, but is not limited to, those rules and regulations itemized and referred to in applicable Office of Management and Budget circulars.

(9) OYA: Oregon Youth Authority.

(10) Reasonable cost: A cost that in nature or amount does not exceed that which would be incurred by a prudent person under the circumstance prevailing at the time the decision was made to incur the cost. Consideration will be given to whether the cost is of a type generally recognized as ordinary and necessary for the operation of the organization; what restraints or requirements exist such as those imposed by factors of generally accepted sound business practices, federal and state laws and regulations, and terms and conditions of the contract; whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, their employer, their clients, the public and the governments; and whether significant deviations from the organization's established practices unjustifiably increase costs.

(11) Service provider: A public or private community agency or organization contracted by OYA that provides recognized OYA service(s) either directly or through subcontractors or vendors, and is approved by OYA or other appropriate agency to provide these service(s). For the purpose of this rule, "provider" or "program" is synonymous with "service provider."

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 13-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 5-2020, amend filed 04/06/2020, effective 04/06/2020
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-250-0020 Revenue

(1) A service provider will maintain a revenue account for each income source which results from the operation of the service or is used to support the service. For example, separate revenue accounts will be established for each program for which the provider receives payment from OYA, direct federal payments, donations, fees, interest earned, rentals collected from subleases, sales of capital equipment, training grants or any other source of income.

(2) Only cash revenue may be used to match state funds unless the OYA gives prior authorization in writing to use contributed services or property to match state funds.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-250-0030 Expenses

(1) A service provider subject to audit under these rules will keep its accounting records consistent with Generally Accepted Accounting Principles. Accounting records will be retained for three years from the date of the expiration of the OYA's agreement or from the finalization of an audit, whichever comes later. Allocation methods for expenses will be documented. Relevant calculations representing allocations will be shown. The allocation method will reasonably distribute expenses shared by service providers or programs. Charges assessed against a service provider by a related organization will be justified by the related organization as to the method and reason for relevant cost allocation. The expense invoice will list the location where services and supplies purchases are delivered for any item in excess of $1,000.

(2) Record requirements for personal services:

(a) Reports reflecting the distribution of labor of each employee must be maintained for all staff members, professional and nonprofessional, whose compensation is charged in whole or in part to OYA funds. To support the allocation of indirect costs, such reports must also be maintained for other employees whose work involves two or more functions or activities if a distribution of their compensation between such functions or activities is needed in the determination of the organization's indirect cost rate(s). Reports maintained to satisfy these requirements must meet the following standards:

(A) The reports must reflect an after-the-fact determination of the actual activity of each employee. Budget estimates (i.e., estimates determined before the services are performed) do not qualify as support for charges to OYA funds;

(B) Each report must account for the total activity for which employees are compensated and which is required in fulfillment of their obligations to the organization;

(C) The reports must be signed by the individual employee, or by a responsible supervisory official having first-hand knowledge of the activities performed by the employee, to attest that the distribution of activity represents a reasonable distribution of the actual work performed by the employee during the periods covered by the reports;

(D) The reports must be prepared at least monthly and must coincide with one or more pay periods;

(E) Periodic time studies, in lieu of ongoing time reports, may be used to allocate salary and wage costs. However, the time studies used must meet the following criteria:

(i) A minimally acceptable time study must encompass at least one full week per month of the cost reporting period.

(ii) Each week selected must be a full work week (e.g., Monday to Friday, Monday to Saturday or Sunday to Saturday).

(iii) The weeks selected must be equally distributed among the months in the cost reporting period, e.g., for a 12 month period three of the 12 weeks in the study must be the first week beginning in the month, three weeks the second week beginning in the month, three weeks the third and three weeks the fourth.

(iv) No two consecutive months may use the same week for the study, (e.g., if the second week beginning in April is the study week for April, the weeks selected for March and May may not be the second week beginning in those months).

(v) The time study must be contemporaneous with the costs to be allocated. Thus, a time study conducted in the current cost reporting year may not be used to allocate the costs of prior or subsequent cost reporting years.

(vi) The time study must apply to a specific provider. Thus, chain organizations may not use a time study from one provider to allocate the costs of another provider or a time study of a sample group of providers to allocate the costs of all providers within the chain.

(b) Any person being compensated for services to a service provider who is not an employee of the organization will have a written contract with the service provider. The contract will set forth the specific services being purchased, the contract time period, the rate at which compensation will be paid and an hourly rate where applicable.

(3) Record requirements for capital expenditures:

(a) Depreciation for capital outlay, capital improvements, and capital construction will be documented in a depreciation schedule. The depreciation schedule at a minimum will include a description of the asset, date of acquisition, cost basis, depreciation method, estimated useful life, annual depreciation expense and accumulated depreciation.

(b) Any capital expenditures purchased by a service provider using OYA funds will be listed on an inventory system showing location of item and reference to purchase invoice and payment receipt location. The inventory will be checked annually and verification of the inventory list signed by the inventory control person. All capital items purchased with OYA funds must be used in an OYA approved program.

(4) Reasonable procedures will be established to ensure the security of cash, blank checks, purchase orders, check protector machines, and signature stamps.

(5) A service provider must expend funds consistent with an agreement or direct contract, these rules, the required program or licensing rule, and federal and state requirements. For services contracted with a predetermined rate, OYA funds not used in delivering the service of the required quantity and quality will be classified as carryover. Carryover of OYA administered funds will be spent for OYA services. These funds will be kept in restricted accounts in the financial records. Funds spent on unallowed costs will be considered noncompliance and will be returned to OYA.

(6) All travel expenses will be supported by a system of authorized trip reports, receipts, and/or other documentation. Authorization is indicated by approval of the travel expenditure by the Director (or person with delegated authority) of the service provider.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-250-0040 Audit Process and Reports

(1) Any person, organization, or agency, including OYA, may request an audit of a service provider by submitting an audit request in writing to the OYA Director’s Office. The request will clearly identify the service provider to be audited, setting forth its name, location, program director, the period for which the audit is requested and the reason for the request.

(2) The OYA Director’s Office will review the request and arrange for an audit if considered appropriate.

(3) The OYA Director’s Office has discretion to notify the appropriate service provider program director of the scheduled audit in advance. The OYA retains the right to perform an audit without prior notice to the subject service provider.

(4) Upon completion of the audit, the OYA will prepare a report setting forth the findings, recommendations, and auditee responses where applicable. Audit work papers will be available showing the details of the audit findings.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-250-0050 Disposition of Audit Findings

(1) To the extent an audit documents non-allowable expenditures in non-capitated programs, the OYA will recover such funds.

(2) To the extent an audit report evidences non-compliance with applicable program and/or licensing rules, the audit findings may be referred to the Director of the OYA to assess civil penalties, where applicable, or for other corrective action deemed necessary by the OYA.

(3) Notwithstanding any other provisions of these rules, to the extent an audit report reveals non-compliance with Generally Accepted Accounting Principles or these rules, OYA may require corrective action to bring the deficiencies into compliance with state and federal rules and regulations. Non-compliance which results in substantial misrepresentation of financial activities may result in termination of the license and/or contract.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-250-0060 Provider Appeals

(1) A provider may appeal certain decisions affecting the provider by making a written request to the OYA Director’s Office. The request must state whether the provider wants an administrative review, and/or a contested case hearing, as outlined in the OMAP General Rules OAR 410-120-1560, Provider Appeals, through 410-120-1840, Provider Hearings-Role of Hearings Officer. If the subject service provider decides to appeal the audit, it will set forth in writing the reasons for its appeal within 30 days of receipt of the report.

(2) When OYA seeks to recover funds under these rules, OYA will negotiate the terms and conditions of repayment with the audited service provider.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-250-0070 Basic Accounting Records

(1) A service provider subject to audit under these rules will maintain a chart of accounts that defines all items included in determining the cost for each program. The chart of accounts will list all revenues and expense accounts.

(2) The organization will have bank deposit records and documentation to verify the source of revenue. Revenue and expense accounts, with related asset, liability, and equity accounts, will account for all expenditures related to delivery of the program.

(3) All basic accounting records will be retained for at least three years following the expiration of the contract or from the finalization of an audit including any appeal, whichever is later.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-250-0080 Internal Controls

Establishing and maintaining an internal control structure is the responsibility of the service provider. Effective internal controls are considered essential to achieving the proper conduct of business with full accountability for the resources made available. Internal controls will be implemented and maintained to provide reasonable assurance that:

(1) The provider identifies, assembles, classifies, records, analyzes, and reports its transactions in conformity with Generally Accepted Accounting Principles or appropriate regulatory requirements for preparing financial statements and other required financial reports;

(2) Losses or misappropriations of assets due to errors or irregularities in processing transactions and handling the related assets are prevented or detected;

(3) Noncompliance with applicable federal and state laws and rules and regulations and terms of the contract is prevented or detected;

(4) State and federal funds are reasonably, prudently and economically spent; and

(5) All costs are appropriately allocated among programs, departments, and other benefiting units.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-250-0090 Independent Audit Reports

The OYA may, at its discretion, accept an independent audit, in lieu of an OYA audit, if it determines the work papers and procedures of the independent auditor meet Government Auditing Standards (where applicable), Generally Accepted Auditing Standards and other audit standards which may be adopted by the OYA.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 1-2005, f. & cert. ef. 1-11-05
OYA 4-2001, f. & cert. ef. 4-20-01

Division 255 Reentry Support and Services for DOC Youth in Custody Releasing from OYA

Or. Admin. R. 416-255-0010 Purpose

The rules in OAR chapter 416 division 255 provide guidelines for the Oregon Youth Authority in providing reentry support and services for DOC youth in custody who are released from a youth correction facility. Reentry support and services may include, but are not limited to, aid for housing and employment, vocational assistance, transportation services, treatment and access to physical or mental health care services, medications, mentoring, or specialized supervision strategies.

History

Statutory/Other Authority: ORS 420A.025 & ORS 420A.130
Statutes/Other Implemented: ORS 420A.130
OYA 14-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 4-2018, minor correction filed 04/10/2018, effective 04/10/2018
OYA 1-2018, adopt filed 04/02/2018, effective 04/02/2018

Or. Admin. R. 416-255-0020 Definitions

(1) DOC youth in custody: A person in the legal custody of the Department of Corrections (DOC) and the physical custody of OYA.

(2) OYA: Oregon Youth Authority.

(3) Reentry support and services: Has the meaning given that term in ORS 423.110.

(4) Youth correction facility: A facility used for the confinement of adjudicated youth and other persons placed in the legal or physical custody of OYA and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps and branches of those facilities.

History

Statutory/Other Authority: ORS 420A.025 & ORS 420A.130
Statutes/Other Implemented: ORS 420A.130
OYA 14-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 1-2018, adopt filed 04/02/2018, effective 04/02/2018

Or. Admin. R. 416-255-0030 Reentry support and services

(1) OYA may provide reentry support and services approved by a DOC youth in custody’s supervisory authority to the DOC youth in custody while the DOC youth in custody is on any form of transitional leave, work release or program of conditional or supervised release, or post-prison supervision when:

(a) A DOC youth in custody’s release plan requires an emergency change, including the DOC youth in custody’s proposed residence or transportation from the releasing facility, and OYA has the resource(s) to implement the change;

(b) OYA has the resource(s) to help implement the DOC youth in custody’s community case plan, at the request of the DOC youth in custody’s supervisory authority; or

(c) A DOC youth in custody’s initial community case plan identifies that ongoing contact with specific OYA employees will be beneficial.

(2) OYA must stop providing a DOC youth in custody reentry support and services -

(a) When OYA does not have the resources to provide the DOC youth in custody reentry support and services;

(b) When the DOC youth in custody no longer needs OYA reentry support and services, as determined by the DOC youth in custody’s supervisory authority;

(d) On the date the DOC youth in custody completes the sentence for the offense for which the DOC youth in custody was transferred to OYA physical custody.

(3) OYA employees must notify a DOC youth in custody’s supervisory authority in writing of any reentry support and services provided to the DOC youth in custody, including contact and communication with the DOC youth in custody while the DOC youth in custody is on any form of transitional leave, work release or program of conditional or supervised release, or post-prison supervision.

History

Statutory/Other Authority: ORS 420A.025 & ORS 420A.130
Statutes/Other Implemented: ORS 420A.130
OYA 14-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 1-2018, adopt filed 04/02/2018, effective 04/02/2018

Division 260 Youth Welfare and Trust Accounts

Or. Admin. R. 416-260-0010 Purpose

(1) These rules describe how OYA establishes and maintains Youth Welfare Accounts and trust accounts for youth in its custody.

(2) Definitions:

(a) Care: Services provided to meet the needs of a youth in custody (i.e., food, shelter, clothing, medical care, schooling, protection, supervision).

(b) Financial accounting: A detailed accounting of money spent by OYA for care of a youth in custody and the amount of trust money, by funding source, reimbursed to OYA for these items.

(c) Maintenance account: A sub-section of a youth in custody’s trust account used to account for funds that may be used to pay for the youth in custody’s cost of care.

(d) OYA: Oregon Youth Authority.

(e) Special account: A sub-section of a youth in custody’s trust account used to account for funds received for a youth in custody for purposes other than paying for the youth in custody’s cost of care.

(f) Termination of custody: Relinquishment of OYA custody as a result of a court order, the youth in custody’s age, or transfer to a supervising authority other than OYA.

(g) Youth in custody: A person in the legal and physical custody of OYA either in an OYA close-custody facility or placed in the community under supervision, or a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA close-custody facility.

(h) Youth Welfare Account: A general account established by OYA dedicated to providing monies to benefit the close-custody youth in custody population and enhance youth in custody activities and programs.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.030 & 420A.032 & 420A.035
OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2015, f. & cert. ef. 2-19-15
OYA 5-2011, f. 9-14-11, cert. ef. 9-15-11
OYA 5-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-260-0015 Youth Welfare Accounts

(1) OYA has established Youth Welfare Accounts for each OYA close-custody facility to provide funds to benefit the close-custody youth in custody population and enhance youth in custody activities and programs.

(2) Revenue from youth in custody work programs, donations made to OYA for the benefit of all close-custody facility youth in custody, and fundraisers benefiting close-custody youth in custody programs will be deposited into a Youth Welfare Account.

(3) OYA may use monies in Youth Welfare Accounts to fund a variety of programs, services and activities benefiting the close-custody youth in custody population and enhancing youth in custody close-custody facility activities and programs. Specific uses of the funds may include, but are not limited to, operations, support or enhancement of the following programs, services and activities:

(a) Recreational activities;

(b) Incentive awards;

(d) Entertainment equipment and supplies;

(e) Repair of equipment purchased from a Youth Welfare Account; and

(f) Youth in custody work or vocational program startup costs, equipment, attire, and safety supplies.

History

Statutory/Other Authority: ORS 420A.030, 420A.014 & 420A.100
Statutes/Other Implemented: ORS 420A.030, 420A.014 & 420A.100
OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2015, f. & cert. ef. 2-19-15
OYA 5-2011, f. 9-14-11, cert. ef. 9-15-11

Or. Admin. R. 416-260-0020 Establishing Youth in Custody Trust Accounts

OYA must establish a trust account for a youth in custody when placed in OYA's legal or physical custody. This account must include both a maintenance and a special account in which all revenue received on a youth in custody 's behalf must be recorded.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.030 & 420A.032
OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2015, f. & cert. ef. 2-19-15
OYA 5-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-260-0030 Sources and Uses of Maintenance Account Money

(1) OYA must deposit all money received for the purpose of caring for a youth in custody in OYA's legal or physical custody, and interest earned thereon, into the youth in custody 's maintenance account. The maintenance account must include subaccounts to separately track money and interest earned by source as follows:

(a) Social Security;

(b) Supplemental Security Income (SSI);

(d) Court-ordered support; and

(e) Other sources.

(2) OYA must apply money available in a youth in custody 's maintenance account against costs OYA expended for care of that youth in custody.

(3) Youth in custody placed in an unpaid placement may have monthly needs met from certain money available in their maintenance accounts. OYA must determine prior to forwarding money that a financial need exists. The maximum amount to be forwarded varies by source. For example:

(a) Benefits such as Social Security, Veteran's, and Railroad Retirement must not exceed the month's benefit;

(b) SSI benefits must be returned to the Social Security Administration (SSA);

(d) Court-ordered support must not be used for this purpose.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.030 & 420A.032
OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2015, f. & cert. ef. 2-19-15
OYA 5-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-260-0040 Sources and Uses of Special Account Money

(1)(a) OYA must deposit money received for a youth in custody for purposes other than paying for that youth in custody 's cost of care into the youth in custody 's special account. Sources of money include the youth in custody 's earnings, restricted money gifts, restricted inheritances, money brought with the youth in custody when entering OYA's physical or legal custody, interest earned on special account money, etc.

(b) OYA must consider all money not specifically designated for a purpose other than the youth in custody's cost of care available for care of that youth in custody and must deposit it in the youth in custody's maintenance account.

(2) OYA must use special accounts to pay obligations incurred by youth in custody.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.030, 420A.032 & 420A.035
OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2015, f. & cert. ef. 2-19-15
OYA 5-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-260-0050 Financial Accounting

OYA must complete financial accountings as required for legal proceedings, audits, and when a maintenance account balance exists and the youth in custody's OYA custody has been terminated.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.030 & 420A.032
OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2015, f. & cert. ef. 2-19-15
OYA 5-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-260-0060 Clearing a Trust Account Upon Termination of Custody

(1)(a) When OYA's custody of a youth in custody is terminated, funds available in the youth in custody’s trust accounts must be disbursed and accounts closed.

(b) Maintenance account money must be used to reimburse OYA expenditures in the following priority:

(A) Court-ordered support;

(B) Social Security;

(D) Veteran’s benefits;

(E) Workers' compensation insurance (SAIF);

(F) Civil service annuities;

(G) Military allotments;

(H) Railroad retirement;

(I) Other; and

(J) Supplemental Security Income (SSI).

(2)(a) OYA must release special account money to the youth in custody or legal guardian no earlier than six weeks after the youth in custody leaves close custody, and at the juvenile parole/probation officer's discretion if the youth in custody remains in OYA legal custody.

(b) OYA may not disburse accounts with balances less than $5.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.030, 420A.032 & 420A.035
OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2015, f. & cert. ef. 2-19-15
OYA 5-2001, f. & cert. ef. 4-20-01

Or. Admin. R. 416-260-0070 Unclaimed Special Account Balances

(1) OYA must identify special account balances which are unclaimed and abandoned two years from the date OYA's custody terminated, in accordance with the Uniform Disposition of Unclaimed Property Act.

(2) OYA must diligently attempt to locate youth in custody who have special account balances of at least $100.

(a) OYA must, at a minimum, send a letter to the youth in custody's last known address stating there is a trust account balance with OYA and the youth in custody has 30 days from the date of the notice to claim the account.

(b) If the notice is returned because the youth in custody moved without a forwarding address, or the 30 days elapses without a response, OYA must forward the special account balance to the Division of State Lands in accordance with that agency's administrative rules.

(3) OYA must forward special accounts with balances less than $100 to the Division of State Lands in accordance with that agency's administrative rules.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.030, 420A.032 & 420A.035
OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2015, f. & cert. ef. 2-19-15
OYA 5-2001, f. & cert. ef. 4-20-01

Division 300 Parole and Revocations

Or. Admin. R. 416-300-0000 Purpose

These rules establish procedures to conditionally release an adjudicated youth on parole into the community, or revoke an adjudicated youth's parole.

History

Statutory/Other Authority: ORS 420A.025, 420A.105 & 420A.120
Statutes/Other Implemented: ORS 419C.481, 420.045, 420A.105, 420A.115, 420A.120, 420.905, 420.910 & 420.915
OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 6-2016, f. & cert. ef. 7-18-16
OYA 24-2005, f. & cert. ef. 11-8-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-300-0010 Definitions

(1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age.

(2) Field supervisor: The manager of an OYA parole/probation office.

(3) Formal parole revocation hearing: A hearing to determine whether parole should be revoked that is conducted after a preliminary parole revocation hearing has resulted in a recommendation for revocation or another sanction.

(4) Juvenile Parole/Probation Agreement: A written agreement between a paroling adjudicated youth and the Oregon Youth Authority that establishes the adjudicated youth's conditions of parole.

(5) Juvenile Parole/Probation Officer (JPPO): The OYA case manager who works with an adjudicated youth, and the adjudicated youth’s family, and the community while the adjudicated youth is in OYA custody.

(6) OYA: Oregon Youth Authority.

(7) Parole: The conditional release of an adjudicated youth from a youth correction facility subject to the director’s authority to revoke parole pursuant to ORS 420.045(3).

(8) Parole revocation: The act of rescinding an adjudicated youth's parole.

(9) Preliminary parole revocation hearing: A hearing to determine if probable cause exists to believe an adjudicated youth has violated one or more conditions of parole, and it is in the best interests of the adjudicated youth and the community to revoke parole or impose an intermediate sanction.

(10) Superintendent: The manager of a youth correction facility.

(11) Youth correction facility: A facility used for the confinement of adjudicated youth and other persons placed in the legal or physical custody of OYA and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps and branches of those facilities.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.045, 420A.115 & ORS 420A.120
OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 6-2016, f. & cert. ef. 7-18-16
OYA 24-2005, f. & cert. ef. 11-8-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-300-0015 Release Factors and Review Process

(1) OYA considers the following factors when determining an adjudicated youth’s readiness for conditional release from a youth correction facility:

(a) The adjudicated youth’s efforts, participation in and progress on treatment, educational, vocational, and behavioral goals;

(b) Whether the adjudicated youth has made and agrees to continue to make restitution to the victim;

(c) Availability of safe placement for the adjudicated youth and availability of community resources to support the adjudicated youth’s continued development;

(d) The threat of harm the adjudicated youth represents to self or others;

(e) The impact of the adjudicated youth’s release on the victim and the community;

(f) Any applicable predictive data tools;

(g) The adjudicated youth’s demonstrated development of markers of psychosocial maturity shown by research to be corroborated with desistance from crime; and

(h) Any other factors or circumstances deemed relevant by OYA based upon the individual characteristics and circumstances of the adjudicated youth.

(2) OYA must identify a written release readiness review process by OYA policy. The process must include an executive-level review for adjudicated youth whose cases are identified as administratively sensitive as set forth in OAR 416-430-0000, or who qualify for a public safety reserve bed as set forth in OAR 416-410-0020(1)(a).

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.045, ORS 420A.115 & ORS 420A.120
OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 12-2020, adopt filed 07/06/2020, effective 07/06/2020

Or. Admin. R. 416-300-0020 Parole

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

(2) Parole is formalized by a written Juvenile Parole/Probation Agreement that includes the following understandings and conditions:

(a) Parole is a conditional release and does not restore full freedom;

(b) The person(s) with whom the adjudicated youth is placed will have custody of the adjudicated youth subject to supervision by the OYA;

(c) Conditions of parole are subject to modification by OYA at any time, including an increase or decrease in supervision level or other changes OYA deems necessary; and

(d) Parole may be revoked or an intermediate sanction imposed if the adjudicated youth violates any written condition, or if OYA finds that continuation of parole is not in the best interests of the adjudicated youth or the community.

(3) Adjudicated youth on parole must:

(a) Abide by the conditions of the Juvenile Parole/Probation Agreement;

(b) Remain within the control and care of the person(s) who has custody of the adjudicated youth;

(c) Inform the juvenile parole/probation officer (JPPO) of the adjudicated youth’s whereabouts, including obtaining prior approval before changing residences, being absent overnight from an approved residence, or leaving the state for any reason;

(d) Obey all federal and state laws, and all county and city ordinances; and

(e) Abide by the direction of the JPPO and the provisions of any written agreements, including special conditions.

(4) Notwithstanding section (3)(d), an allegation that an adjudicated youth’s presence in the United States is in violation of federal immigration laws will not be deemed by OYA to violate that condition of parole.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.045, 420A.115 & 420A.120
OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 12-2020, amend filed 07/06/2020, effective 07/06/2020
OYA 6-2016, f. & cert. ef. 7-18-16
OYA 24-2005, f. & cert. ef. 11-8-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-300-0030 Recommendation for Parole Revocation

(1) An adjudicated youth's JPPO may initiate parole revocation by preparing a written report that recommends that the adjudicated youth's parole be revoked.

(a) The JPPO must submit the written report and recommendation to the JPPO’s field supervisor.

(b) The JPPO’s written report must include all parole violation allegations, verifiable facts, and, to the best of the JPPO’s knowledge, an accurate account of the adjudicated youth's behavior while on parole.

(c) The field supervisor will review the written report with the JPPO and include any alternative actions that may be taken instead of a parole revocation.

(2) If the field supervisor agrees with the JPPO’s recommendations, the adjudicated youth may be taken into custody and detained according to OAR 416-300-0040 and OAR 416-320-0020.

(3) If the adjudicated youth is detained for parole revocation, a preliminary parole revocation hearing must be conducted pursuant to OAR 416-300-0050.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.045, 420A.115 & 420A.120
OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 6-2016, f. & cert. ef. 7-18-16
OYA 24-2005, f. & cert. ef. 11-8-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-300-0040 Arrest and Detention of Parolee

(1) When a paroled adjudicated youth is absent from a community placement without authorization, has failed to abide by parole conditions, or has failed to respond successfully to parole, the superintendent, or designee, may issue an order for the arrest and detention of the adjudicated youth, according to ORS 420.910. The order must be based on reasonable belief that grounds exist for issuing the order.

(2) The adjudicated youth may be detained according to ORS 420.915.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.910, 420.915, 420.045, 420A.115 & 420A.120
OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 6-2016, f. & cert. ef. 7-18-16
OYA 24-2005, f. & cert. ef. 11-8-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-300-0050 Preliminary Parole Revocation Hearing

(1) The preliminary parole revocation hearing must be conducted by a hearing officer who is a person designated by the juvenile department director or designee to conduct a preliminary parole revocation hearing for a paroled adjudicated youth. The officer must be someone other than the person bringing allegations against the adjudicated youth that may result in the adjudicated youth's parole revocation.

(2) Notice of preliminary parole revocation hearing.

(a) Before a preliminary hearing is conducted, a Juvenile Parole/Probation Officer (JPPO) or other OYA representative must ensure that notice of the hearing is provided to the adjudicated youth and the adjudicated youth's parent, guardian, or other person who has legal custody of the adjudicated youth under the terms of the adjudicated youth’s parole. The notification must be documented in writing.

(b) The notice will include the following information:

(A) The time and place of the preliminary parole revocation hearing;

(B) A statement that the hearing is conducted under authority of ORS 420.045(3) and OAR 416-300-0050;

(C) That the purpose of the preliminary hearing is to determine whether probable cause exists to believe parole has been violated and, if so, whether parole should be revoked or whether intermediate sanctions are appropriate;

(D) The adjudicated youth's right to a preliminary hearing;

(E) A concise statement of each alleged parole violation or other reason for revocation, and relevant supporting evidence;

(F) The names of persons who have given information on the alleged violation, and the adjudicated youth's right to have these persons present at the preliminary hearing to confront and cross-examine them, unless the hearing officer determines that an informant or witness would be subjected to risk of harm if the informant’s or witness’s identity is disclosed. If names of persons are omitted from the notice, each omitted person will be listed as "Name Withheld";

(G) The adjudicated youth's right to admit or deny the allegations and to present letters, documents, affidavits or persons with relevant information at the preliminary hearing in support of the adjudicated youth’s defense or contentions; and

(H) The adjudicated youth's right to be represented by an attorney at the adjudicated youth’s own expense.

(3) Prior to the preliminary hearing, a JPPO must ensure that the adjudicated youth:

(a) Is provided copies of all documentary evidence that will be used against the adjudicated youth; and

(b) Has reasonable time to prepare for the preliminary hearing, as determined by OYA based on the circumstances of the case.

(4) Conducting the preliminary hearing.

(a) The preliminary hearing will be held at a place determined to be in the best interests of the adjudicated youth, taking into account the location of evidence, travel conditions, security, and the adjudicated youth’s welfare.

(b) The preliminary hearing must be held promptly at a time convenient to the adjudicated youth and the hearing officer.

(c) The adjudicated youth must be given opportunity to appear and speak on the adjudicated youth’s behalf, to admit or deny the allegations, and to present any relevant evidence.

(d) The adjudicated youth is allowed a reasonable opportunity to fully present the adjudicated youth’s case.

(e) The adjudicated youth’s attorney, if any, may cross-examine witnesses, unless the hearing officer determines that it is necessary to deny cross-examination to preserve the anonymity of the witness.

(5) Results of the preliminary hearing.

(a) The hearing officer will make a written summary of what occurred at the hearing, including the substance of the documentary and testimonial evidence given in support of a parole revocation or intermediate sanction and of the adjudicated youth’s response and presentation.

(b) Based upon the information presented at the hearing, the hearing officer will determine whether probable cause exists to believe that the adjudicated youth violated condition(s) of parole. If the hearing officer determines that probable cause exists that the adjudicated youth violated condition(s) of parole, the hearing officer may:

(A) Recommend that the superintendent revoke parole; or

(B) In agreement with the adjudicated youth’s JPPO, impose an intermediate sanction other than revocation of parole.

(c) In addition to any time spent in detention or jail, the adjudicated youth may be held in detention or jail up to eight calendar days as an intermediate sanction in lieu of parole revocation based on agreement between the appropriate juvenile department authority and the OYA Community Services assistant director, or designee. The decision will be based on the local detention facility’s policy guidelines, good casework practice, and available funds to support the stay.

(d) The hearing officer must notify the adjudicated youth and the superintendent, or designee, of the determination. The notice may first be made orally, but the determination must be documented in a written findings report.

(6) Adjudicated youth’s right to waive formal parole revocation hearing.

A formal parole revocation hearing will follow the preliminary hearing, unless the adjudicated youth chooses to waive the right to the formal parole revocation hearing. Before OYA accepts such waiver, the following conditions must be met:

(a) The adjudicated youth must be given written notification of the adjudicated youth's rights, including the right to speak with an attorney at the adjudicated youth's expense before making a decision about a waiver.

(b) OYA staff are prohibited from influencing the adjudicated youth's decision to waive the right to a formal parole revocation hearing.

(c) Any time after a waiver has been made, the superintendent, or designee, may review the waiver and cause a formal parole revocation hearing to be held, if the superintendent, or designee, believes such hearing is in the best interest of the adjudicated youth.

(7) Reconsideration

(a) Notwithstanding the adjudicated youth’s waiver of a formal parole revocation hearing, the adjudicated youth may file a petition for reconsideration of the preliminary hearing officer’s report with the superintendent within 30 days of receiving the report or being returned to a youth correction facility, whichever is later.

(b) The superintendent, or designee, may grant or deny the petition for reconsideration of the preliminary hearing findings. If the superintendent, or designee, finds sufficient reason to justify reconsideration, the reconsideration will result in a formal parole revocation hearing.

(c) After reviewing the hearing officer’s report, the superintendent, or designee, may order a formal parole revocation hearing, regardless of whether the adjudicated youth has waived the right to a formal parole revocation hearing.

History

Statutory/Other Authority: ORS 420A.025 & ORS 420A.120
Statutes/Other Implemented: ORS 419C.481, ORS 420.045, ORS 420A.115 & ORS 420A.120
OYA 1-2026, amend filed 05/28/2026, effective 05/28/2026
OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 6-2016, f. & cert. ef. 7-18-16
OYA 24-2005, f. & cert. ef. 11-8-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-300-0060 Formal Parole Revocation Hearing

(1) A formal parole revocation hearing must be held when a preliminary hearing officer finds that probable cause exists that an adjudicated youth has violated parole and one of the following has occurred:

(a) The preliminary hearing officer has recommended parole revocation, and the adjudicated youth has not waived the right to a formal parole revocation hearing; or

(b) The superintendent, or designee, has ordered a formal parole revocation hearing.

(2) Notice of formal parole revocation hearing:

(a) Within a reasonable time before the hearing is scheduled to occur, the parole revocation hearing committee chairperson must provide notification of the formal parole revocation hearing to the adjudicated youth and the adjudicated youth’s parent, guardian, or other person who has custody of the adjudicated youth under the terms of the adjudicated youth’s parole.

(b) The notice must include the following information:

(A) The time and place of the hearing;

(B) The adjudicated youth's right to a formal parole revocation hearing and the right to waive the hearing;

(C) A statement that if the adjudicated youth waives the formal parole revocation hearing, the decision of the preliminary hearing officer will become final, or that a formal parole revocation hearing will be conducted despite the waiver if the superintendent, or designee, determines that a hearing is in the best interests of the adjudicated youth;

(D) A statement that the hearing is conducted under authority of ORS 420.045 and OAR 416-300-0060;

(E) That the purpose of the formal parole revocation hearing is to determine whether the adjudicated youth has violated conditions of parole and whether there are substantial reasons that mitigate or justify any violation such that revocation is inappropriate;

(F) A concise statement of each alleged parole violation or other reason for revocation, and relevant supporting evidence;

(G) The names of persons who have given information on the alleged violation, and the adjudicated youth's right to have these persons present at the formal parole revocation hearing to confront and cross-examine, unless the parole revocation hearing committee chairperson determines that an informant or witness would be subjected to risk of harm if the informant's or witness's identity is disclosed. If names of persons are omitted from the notice, each omitted person will be listed as "Name Withheld";

(H) The adjudicated youth's right to admit or deny the allegations and to present letters, documents, affidavits or persons with relevant information at the formal parole revocation hearing in support of the adjudicated youth's defense or contentions;

(I) The adjudicated youth's right to be represented by an attorney at the adjudicated youth's own expense; and

(J) The adjudicated youth’s right to subpoena witnesses as provided in these rules.

(3) The adjudicated youth may request to subpoena witnesses at OYA’s expense in accordance with the following procedure:

(a) If requested by the adjudicated youth or the adjudicated youth’s attorney at least 72 hours before the hearing, when OYA proposes to rely on affidavits or other documentary evidence of a testimonial nature, OYA will subpoena any named witnesses responsible for such evidence, at its expense.

(b) When an adjudicated youth satisfies to the superintendent, or designee, that a supporting witness's testimony is relevant, material, and necessary, and the adjudicated youth requests that OYA subpoena the witness for the adjudicated youth at OYA's expense, the superintendent, or designee, will cause the subpoena to be served and the statutorily-prescribed fees and mileage tendered to the witness.

(c) At the discretion of the parole revocation hearing committee chairperson, and under such conditions as will ensure an appropriate record, telephone conferencing with a witness may be substituted for the witness’s physical presence. The adjudicated youth must be permitted to listen and speak to the witness.

(4) Scheduling of the formal parole revocation hearing.

(a) The formal parole revocation hearing must be held as promptly as convenient to the adjudicated youth and the parole revocation hearing committee. In any event, the formal parole revocation hearing must be held within 60 days from the date the adjudicated youth is returned to a youth correction facility.

(b) Exception to section (4)(a): If an adjudicated youth has been charged with one or more law violations that are to be heard in court, parole revocation hearing procedures must be suspended pending the final disposition of the criminal prosecution if the parole violation is contingent upon the outcome of the law violation charge(s). The formal parole revocation hearing must be held within 60 days from the date the criminal prosecution is final.

(5) Formal parole revocation hearing procedures.

(a) The hearing must be conducted before a parole revocation hearing committee comprised of three OYA staff who are selected by the superintendent and who did not charge the adjudicated youth with the parole violation.

(b) The superintendent, or designee, will appoint the chairperson of the parole revocation hearing committee.

(c) Prior to the commencement of the hearing, the parole revocation hearing committee chairperson must give the adjudicated youth a written explanation of how the hearing will be conducted.

(d) The adjudicated youth will have an opportunity to be heard in person and through the adjudicated youth’s attorney, if any.

(e) An audio or video recording of all oral testimony and presentations must be made. Recordings must be kept at least 120 days after the final order is issued.

(f) The hearing must be conducted in the following manner:

(A) Presentation of OYA’s statement and evidence in support of the action;

(B) Presentation of the adjudicated youth’s statement and evidence;

(C) Questioning, examination, or cross-examination of witnesses, unless in the opinion of the chairperson an informant or witness would be subject to risk of harm if the informant’s or witness’s identity is disclosed;

(D) The adjudicated youth’s attorney, if any, may cross-examine witnesses, unless the chairperson determines that it is necessary to deny cross-examination to preserve the anonymity of the witness;

(E) If the adjudicated youth has no attorney, the superintendent, or designee, must appoint a competent staff member, not directly involved with the adjudicated youth , to assist the adjudicated youth at the hearing;

(F) The hearing may be continued with recesses as determined by the parole revocation hearing chairperson;

(G) The parole revocation hearing chairperson may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter;

(H) All testimony will be given under oath or affirmation;

(I) The burden of presenting evidence to support a fact or position rests on the proponent of that fact or position. Quantity of proof required for revocation is a preponderance of evidence;

(J) Exhibits must be marked, and the markings must identify the person offering the exhibit. OYA must retain the exhibits as part of the record; and

(K) Evidentiary rules are as follows:

(i) Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs is admissible;

(ii) Irrelevant, immaterial, or unduly repetitious evidence will be excluded;

(iii) All offered evidence that is not objected to will be received by the parole revocation hearing chairperson subject to the parole revocation hearing chairperson’s power to exclude irrelevant, immaterial, or unduly repetitious matter; and

(iv) Evidence objected to may be received by the parole revocation hearing chairperson with rulings on its admissibility or exclusion to be made at the hearing or at the time a final order is issued.

(6) Parole revocation hearing committee written summary.

(a) The parole revocation hearing committee will issue a proposed order that contains:

(A) A written summary of what occurred at the hearing, including the substance of the documentary and testimonial evidence given in support of a parole revocation, the adjudicated youth’s response and presentation, and a recommendation for action;

(B) Rulings on admissibility of offered evidence and other matters;

(C) Findings of fact (each ultimate fact as determined by the parole revocation hearing committee based on the evidence before it); and

(D) Conclusions and recommendations for action by the superintendent, or designee.

(b) The superintendent, or designee, must provide the adjudicated youth a copy of the proposed order with the parole revocation hearing committee's findings of fact and conclusions.

(c) The superintendent, or designee, must notify the adjudicated youth that the adjudicated youth may file written objections to the proposed order. The written objections must be received by the superintendent, or designee, within 10 calendar days from the date the adjudicated youth receives the written summary. At the option of the superintendent, or designee, the adjudicated youth may present exceptions or objections orally.

(7) Final order:

(a) After reviewing any exceptions and objections presented by the adjudicated youth , the superintendent, or designee, must issue a final order.

(A) The order must indicate the action taken by the superintendent, or designee. The action will either incorporate the recommendations of the parole revocation hearing committee or set forth the superintendent’s own findings of fact, conclusions and rulings on admissibility of evidence and other matters.

(B) The superintendent's, or designee's, order will also set forth the adjudicated youth's right to petition for reconsideration or rehearing of the order, and the statutes under which the order may be judicially appealed.

(b) The adjudicated youth’s committing court must be immediately notified of the final order.

(8) Reconsideration of final order.

(a) The adjudicated youth may file a petition for reconsideration or rehearing of a final order with the superintendent, or designee, within 30 days after the order is received by the adjudicated youth. A petition for reconsideration is deemed filed when it is physically received by the superintendent, or designee.

(A) The petition must set forth the specific ground(s) for the reconsideration or rehearing.

(B) The petition may be supported by a written argument.

(b) The superintendent, or designee, must respond to the petition within 30 calendar days from the date the superintendent, or designee, receives the petition.

(c) The superintendent, or designee, may grant a reconsideration petition if the superintendent, or designee, finds sufficient reasons to justify reconsideration.

(d) If the superintendent, or designee, concurs that the order should be changed in whole or in part, an amended order must be issued.

(e) The superintendent, or designee, may grant a petition to rehear the revocation proceeding. The rehearing may be limited to specific matters.

(f) If a rehearing is held and a change in the original order becomes necessary, an amended final order must be issued.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.045, 420A.115 & 420A.120
OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 6-2016, f. & cert. ef. 7-18-16
OYA 24-2005, f. & cert. ef. 11-8-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-300-0080 Placement after Parole Revocation

Parole revocation may result in an adjudicated youth’s placement in any youth correction facility. The adjudicated youth may contest the placement through the grievance process established in OAR chapter 416, division 20.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.045, 420A.115 & 420A.120
OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 6-2016, f. & cert. ef. 7-18-16
OYA 24-2005, f. & cert. ef. 11-8-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 315 Youth Care Center Designation

Or. Admin. R. 416-315-0000 Purpose

Oregon statute vests with the Oregon Youth Authority (OYA) the responsibility to approve youth care center (YCC) programs operated within county secure facilities, based on reasonable and satisfactory assurances that minimum standards are met. The purpose of these rules is to define the process detention facilities will use to request approval and designation of such programs, and the criteria the OYA will apply to review the requests.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.855 - 420.885
OYA 12-2005, f. & cert. ef. 6-13-05

Or. Admin. R. 416-315-0010 Program Review

(1) YCC programs are designed to offer treatment and rehabilitation services to the population served. Such programs may be operated within juvenile detention facilities only when:

(a) Youth enter the YCC program through a referral and screening process that assumes that placement of the youth in a treatment environment best meets the needs of the youth and is the least restrictive placement for the youth based on review of assessments and other supporting documentation;

(b) Treatment and rehabilitation services are offered to youth separate from those offered to youth placed in detention;

(2) The OYA will review each request to operate a YCC. That review will include:

(a) A determination whether:

(A) Physical facilities comply with applicable rules of the Department of Human Services (DHS) and the State Fire Marshal;

(B) The YCC program currently employs capable, trained, and experienced personnel;

(C) The YCC program includes educational, vocational, recreational, medical, and counseling opportunities that best meet the needs of the youth served; and

(D) A system is in place to ensure that each youth’s county probation officer, or other applicable government agent, closely monitors the youth’s progress in the program and participates in the planning process.

(b) A review of:

(A) YCC program policies and procedures to ensure that care and rehabilitation services are offered separate from detention program services; and

(B) The YCC treatment and rehabilitation program to ensure that it includes, at a minimum:

(i) A clearly articulated program based on research and sound theory.

(ii) A referral process that identifies a target population to be served (including definition of those youth not appropriate for placement) and a screening process to ensure appropriate placement of youth;

(iii) A written, individualized service plan for each youth that outlines the treatment goals the youth must work toward during his/her stay and the youth’s transition needs. This plan will differ from those of other youth served;

(iv) A treatment environment that integrates each youth’s service plan goals into the program’s daily routine. This environment should be unique to each youth served;

(v) A physical environment that clearly distinguishes the YCC program from the detention environment;

(vi) A system that involves the youth’s service worker closely monitoring the youth’s progress in the program and participating in the youth’s planning process; and

(vii) A clearly defined length of stay based on the youth’s attainment of service plan goals. The youth’s length of stay in the YCC program may not be influenced by space needs within the detention facility.

(D) An on-site visit to review the YCC program.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.855 - 420.885
OYA 12-2005, f. & cert. ef. 6-13-05

Or. Admin. R. 416-315-0020 Approval Notification

(1) All communication between a county and the OYA will be in writing.

(2) Within 30 days following the completion of the compliance site review, the OYA will notify the county of its approval or denial of the YCC program.

(a) If approved, the county will be able to operate the YCC program for a period of two years.

(b) If denied, the OYA will issue a written denial that states:

(A) The reasons the YCC program does not meet the approval criteria;

(B) A list of corrective actions required for subsequent approval; and

(3) In some cases, the OYA may issue provisional approval:

(a) For a newly-designed YCC program that has not been fully implemented (e.g. staff have not been hired; youth have not been placed).

(b) For an operating YCC program that does not fully meet the approval criteria but requires minimal corrective action in order to comply.

(c) Provisional approvals will be issued for up to 180 days, at which time the YCC program will be re-reviewed for a regular approval.

(4) Once a county receives approval to operate a YCC program, the county must notify the OYA, in writing, when it makes YCC program changes directly related to the approval criteria. The OYA will inform the county if it determines that an on-site YCC program review is necessary to review the changes. The OYA may continue its approval only if it determines that the approval criteria are still being met.

(5) Sixty days prior to the expiration of an approval, the county will inform the OYA of its intent to continue YCC program operation. At that time, the OYA will determine whether an on-site YCC program review is warranted and inform the county.

(6) The county must notify the OYA in writing if it decides to terminate its YCC program.

(7) The OYA reserves the right to terminate its approval at any time when a YCC program no longer meets the criteria described in these rules.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.855 - 420.885
OYA 12-2005, f. & cert. ef. 6-13-05

Or. Admin. R. 416-315-0030 Grievance

A county that disagrees with any OYA action or decision during the approval process may request a formal or informal hearing to grieve a particular OYA action.

(1) To request an informal grievance, the county will inform the OYA that the YCC program wishes to informally grieve a particular action.

(a) Within seven working days of receiving the request, the OYA will contact the YCC program to schedule a meeting designed to define the problem, identify the desired outcome, and establish a plan for resolution.

(b) The results of the meeting will be provided in writing to the YCC program, and include the steps necessary to initiate a formal grievance review if the county remains dissatisfied.

(2) The county will inform the OYA in writing the desire to initiate a formal grievance.

(a) Within 10 calendar days of receiving the request, the OYA will contact the YCC program to schedule a review of the matter.

(b) The review will be held within 30 calendar days of the request, unless the YCC program and the OYA mutually agree to a delay. All involved parties will be notified in writing of the date and time for the review.

(c) The review will be held at the YCC program and during normal working hours, unless the YCC program requests a different time or location, and prior authorized by the OYA.

(d) The Deputy Director, or designee, will convene a Program Review Committee. Individuals may be selected from external and internal stakeholders and experts as indicated by the YCC program to be reviewed.

(e) The review will be recorded, and the recording preserved until the grievance is resolved or for two years, whichever is longer.

(3) Only information directly related to issue(s) of the grievance will be considered.

(4) Copies of documents relied upon will be provided to the YCC program and the OYA. If information contained within those documents is confidential, as defined by federal or state laws or policies, it will be redacted and the non-confidential portions will be provided.

(5) Within 10 working days of completing the review, the OYA will prepare a written decision. The decision will include directions to the county for filing an appeal to the Director.

(6) A copy of the decision will be sent to the YCC program as soon as practical following its completion.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.855 - 420.885
OYA 12-2005, f. & cert. ef. 6-13-05

Division 320 Arrest Orders and All Points Bulletins

Or. Admin. R. 416-320-0000 Purpose

These rules describe the process OYA staff will use to issue and cancel arrest orders and All Points Bulletins.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.905 - 420.915
OYA 7-2003, f. & cert. ef. 9-23-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-320-0010 Definitions

(1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age.

(2) All Points Bulletin (APB): A notification that OYA sends to Oregon law enforcement agencies to advise them that an adjudicated youth has escaped from a close-custody facility or is absent without authorization from parole status in the community.

(3) Superintendent’s authorized representative: A camp director or Community Services management staff.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.905 – 420.915
OYA 17-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 5-2015, f. & cert. ef. 10-7-15
OYA 7-2003, f. & cert. ef. 9-23-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-320-0020 Placement of APBs and Arrest Orders

(1) OYA will issue an All Points Bulletin (APB) and arrest order when an adjudicated youth:

(a) Escapes or is absent without authorization from a close-custody facility;

(b) Is absent without authorization from parole supervision in the community; or

(2) An OYA superintendent or superintendent’s authorized representative may issue an APB or arrest order; or request the committing court to issue a warrant.

(3) OYA staff authorizing an APB or arrest order must ensure that reasonable grounds exist for placing an APB or arrest order prior to issuance.

(4) OYA must document the name and address of the person or agency to whom the APB or arrest order was sent.

(5) OYA must immediately contact the placing facility or court to cancel the APB or arrest order when the adjudicated youth has been detained.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.905 - 420.915
OYA 17-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 5-2015, f. & cert. ef. 10-7-15
OYA 7-2003, f. & cert. ef. 9-23-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-320-0030 Exceptions

These rules do not apply to persons placed in OYA supervision via an interstate compact, to persons placed in OYA facilities under ORS 137.124, or to persons transferred to a youth correctional facility from a county sheriff. If an APB or arrest warrant is necessary in one of these cases, OYA will immediately notify the appropriate party (interstate compact administrator, Oregon Department of Corrections, or county sheriff).

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.905 – 420.915
OYA 17-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 5-2015, f. & cert. ef. 10-7-15
OYA 7-2003, f. & cert. ef. 9-23-03
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 330 Substitute Care Placement

Or. Admin. R. 416-330-0000 Purpose

Adjudicated youth committed to Oregon Youth Authority (OYA) custody may be placed in substitute care as determined by OYA according to Oregon laws, and OYA policies and procedures. The purpose of these rules is to establish standards for OYA substitute care providers and ensure that the best interests of adjudicated youth are met when making out-of-home placements.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.014
OYA 18-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 5-2017, amend filed 12/19/2017, effective 12/19/2017
OYA 12-2004, f. & cert. ef. 10-1-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-330-0010 Definitions

(1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age.

(2) Adjudicated youth foster home: A home in the community that is maintained and lived in by an OYA-certified foster parent who provides supervision, food, and lodging for an adjudicated youth in that home.

(3) Residential treatment facility: A facility that provides, for six or more individuals with mental, emotional or behavioral disturbances or alcohol or drug dependence, residential care and treatment in one or more buildings on contiguous properties.

(4) Substitute care: An out-of-home placement in the community for an adjudicated youth that provides 24-hour-a-day care and treatment, including adjudicated youth foster homes, residential treatment facilities, and transitional housing programs.

(5) Transitional housing program: A program that provides adjudicated youth with supervised housing, life skills development, employment assistance, vocational development, and other needed wraparound services.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.014
OYA 18-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 5-2017, amend filed 12/19/2017, effective 12/19/2017
OYA 12-2004, f. & cert. ef. 10-1-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-330-0020 Administration

(1) A person or organization must have one of the following to provide substitute care services to an adjudicated youth in OYA custody:

(a) Residential treatment facility or adjudicated youth foster home: A current, valid license issued by the State of Oregon that specifies the location of the program and the type of services the program is authorized to provide; or

(b) Transitional housing program: A written contract or agreement with OYA that defines services, population served, roles, and responsibilities.

(2) OYA has the right of entry, privilege of inspection, and access to staff and all records of work relating to adjudicated youth for the purpose of ensuring compliance with federal and state laws and rules, applicable contract/agreement language, and OYA policies and procedures.

(3) Substitute care programs must employ staff and use volunteers whose presence does not jeopardize the health, safety, or welfare of adjudicated youth.

(4) Program staff and volunteers must demonstrate the knowledge and ability to care for adjudicated youth within the generally accepted professional standards of care.

(5) When staff or volunteers are required to maintain professional licenses or certificates in order to provide services to adjudicated youth, the staff or volunteers must comply with any standards that are applicable to their licenses or certificates.

(6) Adjudicated youth foster care providers must meet the requirements in OAR 416, division 530.

(7) Behavior Rehabilitation Services programs provided through contract with OYA must meet the requirements in OAR 410-170-0000 through 410-170-0120, and OAR 416-335-0000 through 416-335-0100.

(8) The provisions of OAR 416, division 800 apply.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.014
OYA 18-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 5-2017, amend filed 12/19/2017, effective 12/19/2017
OYA 12-2004, f. & cert. ef. 10-1-04

Or. Admin. R. 416-330-0030 Placement decisions

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

(2) Notwithstanding OAR 416-330-0030(1), OYA must not consider an adjudicated youth for placement in substitute care if the adjudicated youth is 19 years old or older at the time of the adjudicated youth’s commitment to OYA.

(3) OYA has sole discretion in deciding recommendations for adjudicated youth substitute care referrals and placement.

(4) OYA must consider the following when deciding an adjudicated youth’s substitute care placement recommendation and referral:

(a) The adjudicated youth’s legal parent’s or legal guardian’s advisement regarding placement;

(b) The adjudicated youth’s placement preference;

(d) The adjudicated youth’s medical, physical, and psychological needs;

(e) The adjudicated youth’s behavioral treatment needs; and

(f) Community protection.

(5) OYA may seek advice from a person who shares the same religious, cultural, or ethnic heritage as an adjudicated youth when determining a substitute care placement for the adjudicated youth.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.014
OYA 18-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 5-2017, amend filed 12/19/2017, effective 12/19/2017
OYA 12-2004, f. & cert. ef. 10-1-04

Division 335 Behavior Rehabilitation Services Program

Or. Admin. R. 416-335-0000 Effective Date and Administration of the BRS Program

(1) BRS Programs provided through contract with OYA must meet the requirements in the BRS Program general rules (OAR 410-170-0000 through 410-170-0120), and the additional requirements contained in these rules (OAR 416-335-0000 through 416-335-0100).

(2) All references to the Oregon Health Authority Chapter 410 rules are those that are effective on July 1, 2025.

History

Statutory/Other Authority: ORS 183.355 & 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.014
OYA 6-2025, amend filed 11/13/2025, effective 11/13/2025
OYA 19-2023, amend filed 11/20/2023, effective 11/20/2023
OYA 18-2023, temporary amend filed 07/03/2023, effective 07/03/2023 through 12/29/2023
OYA 17-2023, temporary amend filed 07/03/2023, effective 07/03/2023 through 12/29/2023
OYA 6-2021, amend filed 09/14/2021, effective 09/14/2021
OYA 5-2021, temporary amend filed 07/07/2021, effective 07/07/2021 through 10/07/2021
OYA 15-2020, amend filed 08/10/2020, effective 08/10/2020
OYA 1-2020, amend filed 01/06/2020, effective 01/06/2020
OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14

Or. Admin. R. 416-335-0010 Purpose

The purpose of the Behavior Rehabilitation Services (BRS) Program is to remediate the BRS Client’s debilitating psychosocial, emotional and behavioral disorders by providing such Services as behavioral intervention, counseling, and skills-training. Services are delivered in a way that integrates a gender-responsive, culturally-sensitive, trauma-informed, and age-appropriate or developmentally-appropriate approach. These rules supplement the BRS Program general rules with additional requirements for BRS Programs provided through contract with OYA.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.014
OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14

Or. Admin. R. 416-335-0020 Definitions

In addition to the definitions provided in OAR 410-170-0020, the following definitions apply to terms used in OAR chapter 416, division 335.

(1) “Absent Day” means a calendar day that:

(a) Either the BRS Client is enrolled but not physically present in the BRS Provider’s program and is not on a Transitional Visit, or the BRS Client is on a Transitional Visit and present at 11:59 pm at a Hosting Placement that is a BRS Contractor or Provider;

(b) The Agency’s placement plan is to return the BRS Client to the sending BRS Provider; and

(c) The BRS Contractor or BRS Provider obtains written authorization from the BRS Client’s JPPO and the Community Resources Manager to bill the calendar day as an Absent Day.

(2) “Foster Home” means a home in the community that is maintained and lived in by an OYA-certified foster parent who provides supervision, food, and lodging for a child or young person and does not include a placement with an Approved Proctor Foster Parent.

(3) “Hosting Placement” means the BRS Contractor, BRS Provider or OYA Foster Home where a Transitional Visit is taking place.

(4) “Juvenile Parole and Probation Officer” (JPPO) means the individual who coordinates Services and Placement Related Activities for the BRS Client with the BRS Contractor and BRS Provider. For purposes of these rules, a JPPO is the Caseworker as defined in OAR 410-170-0020.

(5) “Sending Placement” means the BRS Contractor or BRS Provider where the BRS Client is currently enrolled while the BRS Client is on a Transitional Visit.

(6) “Transitional Visit” means an overnight visit by the BRS Client to a Hosting Placement for the purpose of facilitating the BRS Client’s transition during the last 90-days of placement.

(7) “Young Person” means a person aged 21 through 24 years of age.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.014
OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14

Or. Admin. R. 416-335-0030 Additional Requirements for OYA BRS Contractors and BRS Providers

(1) The BRS Contractor must comply, and ensure its BRS Provider complies, with all applicable provisions in OAR 416-530-0000 through 416-530-0200, and 416-550-0000 through 416-550-0080.

(2) The BRS Contractor and the BRS Provider must ensure that its employees, volunteers, contractors, vendors, Approved Proctor Foster Parents, or other persons providing Services or Placement Related Activities to BRS Clients pass a criminal history check based on the Agency’s criminal history records check standards as set forth in OAR 416-800-0000 to 416-800-0095.

(3) The BRS Contractor and the BRS Provider must ensure that its employees, volunteers, contractors, vendors, Approved Proctor Foster Parents, or other persons providing Services or Placement Related Activities to BRS Clients, who have not yet successfully completed the requirements in section (2) of this rule are supervised by a person who has successfully met these requirements when having direct contact with BRS Clients.

(4) The BRS Contractor must ensure that its BRS program, either operated by itself or its BRS Provider, has a medication management policy that complies with OAR 416-340-0000 through 416-340-0070.

(5) Proctor Care Model:

(a) Approved Proctor Foster Parents must meet the applicable requirements in OAR 416-530-0000 through 416-530-0200, and 416-550-0000 through 416-550-0080, including but not limited to minimum training requirements.

(b) The BRS Contractor, the BRS Provider, and Approved Proctor Foster Parent must cooperate with OYA in the Approved Proctor Foster Parent dual-certification process in accordance with applicable provisions in OAR 416-530-0000 through 416-530-0200, 416-550-0000 through 416-550-0080, and

416-800-0000 through 416-800-0095.

(6) The BRS Contractor and BRS Provider must provide separate bedrooms for persons under 18 and persons 18 years or older, except in cases where a Child shares a bedroom with a person who is at least 18 years old but under 25 years old who is the Child’s parent and caregiver or where there is written approval from the Agency, and, if the BRS Provider is a child-caring agency, the Department of Human Services’ Office of Licensing and Regulatory Oversight Coordinator.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.014
OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14

Or. Admin. R. 416-335-0040 Prior Authorization for the BRS Program; Appeal Rights

(1) BRS Program Eligibility:

(a) OYA may provide prior authorization for the BRS Program to a person who:

(A) Meets the requirements in subsections (2)(a)(A) through (D) of OAR 410-170-0040; and

(B) Is in the legal custody and care of OYA.

(b) Notwithstanding section (1)(a) of this rule, OYA may provide prior authorization to a person who:

(A) Is a Child or Young Person;

(B) Meets the requirements in subsections (2)(a)(B) through (C) of OAR 410-170-0040;

(D) Is eligible for state-funded medical assistance through OYA but not eligible for Medicaid.

(2) Appeal Rights:

(a) If a person is denied prior authorization for the BRS Program under OAR 416-335-0040(1)(a) then the person is entitled to notice and contested hearing rights under 410-120-1860 and 410-120-1865. The contested case hearing will be held by the Authority.

(b) If a person is denied prior authorization for the BRS Program by OYA under OAR 416-335-0040(1)(b), then the person is entitled to notice and contested hearing rights pursuant to the provisions of ORS 183.341. The contested case hearing will be held by OYA. OYA adopts the Attorney General's Model Rules of Procedure OAR 137-003-0001 to 137-003-0091 and 137-003-0580, effective January 2012, as procedural rules for contested case hearings.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & ORS 420A.014
OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14

Or. Admin. R. 416-335-0080 Placement Related Activities for OYA’s BRS Contractors and BRS Providers

(1) In cases where OYA is the Agency, the BRS Contractor or BRS Provider must provide the following Placement Related Activities, and all facilities, personnel, materials, equipment, supplies and services, and transportation necessary to provide those activities, including but not limited to:

(a) Clothing: The BRS Contractor or BRS Provider must ensure that each BRS Client has an adequate wardrobe as prescribed by a “Youth Sub-Care Clothing List and Authorization" form, incorporated by reference in this rule, and available at http://www.oregon.gov/oya/forms/ya3070.pdf, or a printed copy may be obtained from OYA. The BRS Contractor or BRS Provider must make an initial assessment of the BRS Client’s clothing and document the results. If there is a determined need for clothing based on the Youth Sub-Care Clothing List and Authorization form, the BRS Contractor or BRS Provider must notify the BRS Client’s JPPO that a clothing authorization is needed.

(b) Storage of BRS Client’s personal property:

(A) The BRS Contractor or BRS Provider must store property belonging to the BRS Client in its program for up to 30 days in a secure location following discharge, when the BRS Client exits the program without his or her property; and

(B) The BRS Contractor or BRS Provider must contact the BRS Client’s JPPO as soon as possible to make arrangements for the property to be retrieved.

(c) Transportation: The BRS Contractor or BRS Provider is responsible for the transportation of the BRS Client to attend school, to the extent not provided by the school district; medical, dental, and therapeutic appointments to the extent not provided by the Oregon Health Plan; recreational and community activities; places of employment; and shopping for incidental items.

(d) Educational and vocational activities: The BRS Contractor or BRS Provider must have a system in place to meet the educational and vocational needs of the BRS Client in its program either on-site or at an off-site location or a combination of the two.

(e) Recreational, social, and cultural activities:

(A) The BRS Contractor or BRS Provider must provide recreation time for the BRS Client on a daily basis, and offer activities that are varied in type to allow BRS Clients to obtain new experiences. The BRS Contractor or BRS Provider must document recreation as having been provided, by recording the type of activity the BRS Client participated in, and the date it occurred.

(B) The BRS Contractor or BRS Provider must provide each BRS Client at least one opportunity per week to participate in recreational activities in the community, unless the BRS Client is clearly unable to participate in offsite activities due to safety issues. If a BRS Client is restricted from participation in community recreation, the BRS Provider must document the reason in the BRS Client’s case file, and the reason must be reviewed regularly to ensure that the BRS Client is not unnecessarily restricted from offsite activities. The BRS Contractor or BRS Provider must offer any BRS Client who is restricted from community activities alternative opportunities for recreation on site.

(C) The BRS Contractor or BRS Provider must provide access to or make available social and cultural activities for the BRS Clients as part of the therapeutic milieu of the program. These activities are to promote the BRS Client’s normal development and help broaden the BRS Client’s understanding and appreciation of the community, arts, environment and other cultural groups.

(D) The BRS Contractor or BRS Provider must not permit BRS Clients to participate in recreational activities that present a higher level of risk to BRS Clients without pre-approval by the Community Resources Unit and JPPO. This applies to activities that require a moderate to high level of technical expertise to perform safely, present environmental hazards, or where special certification or training is recommended or required such as: whitewater rafting, rock climbing, ropes courses, activities on or in any body of water where a certified lifeguard is not present and on duty, camping, backpacking, mountain climbing, using motorized yard equipment, and horseback riding.

(f) Academic Assistance: If needed, the BRS Contractor or BRS Provider must provide adequate opportunities for the BRS Clients to complete homework assignments with assistance from staff, or an Approved Proctor Foster Parent, if applicable.

(2) Non BRS-Related Medical Care: The BRS Contractor or BRS Provider must facilitate the BRS Client’s access to other providers whenever identified needs cannot be met within the scope of services offered by the program. If health care services are needed but the program is unable to access the needed services for the BRS Client, the BRS Contractor or BRS Provider must immediately notify the JPPO about this in writing and document its unsuccessful efforts to access healthcare for the BRS Client in the BRS Client’s case file.

(a) If there is no record that the BRS Client has received a physical examination within the six months immediately prior to the BRS Client’s placement with its program, the BRS Contractor or BRS Provider must ensure or make every effort to ensure that the BRS Client receives a general medical check, consistent with the Oregon Health Plan (OHP) and health insurance allowances, within 30 days of placement. The BRS Contractor or BRS Provider must keep documentation of this procedure in the BRS Client’s file, and send a copy to the BRS Client’s JPPO.

(b) The BRS Contractor or BRS Provider must ensure that each BRS Client’s mental health, physical health, (including alcohol and drug treatment services), dental and vision needs are arranged for. This does not include paying the cost of services or medications which are covered by the Oregon Health Plan or by the BRS Client’s third-party private insurance coverage. The BRS Contractor or BRS Provider must notify and work with the JPPO to secure payment for services or medications not covered by OHP or third-party private insurance.

(c) The BRS Contractor or BRS Provider must administer and monitor medications consistent with all applicable licensing rules, OAR 416-340-0070, and the BRS Provider’s own medication management policy.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & ORS 420A.014
OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14

Or. Admin. R. 416-335-0090 Billing and Payment for Services and Placement Related Activities

(1) Billable Care Days

(a) The BRS Contractor is compensated for a Billable Care Day (Service and Placement Related Activities rates) on a fee-for-service basis in accordance with OAR 410-170-0110 and this rule.

(b) The BRS Contractor may include overnight Home Visits and Transitional Visits by the BRS Client to a Hosting Placement in its Billable Care Days. The BRS Contractor must:

(A) Receive prior approval from OYA for a Home Visit or Transitional Visit to a Hosting Placement; and

(B) Ensure that the Home Visit or Transitional Visit is in support of the BRS Client’s most current service plan goals related to transition.

(d) If the Hosting Placement is an OYA Foster Home, the Agency will pay the foster care rate specified by the foster care agreement for Transitional Visits.

(2) Absent Days

(a) The BRS Contractor is compensated for an Absent Day at the Absent Day rate in order to hold a BRS Program placement for a BRS Client with the prior approval of the BRS Client’s JPPO and the Contract Administrator.

(b) The BRS Contractor is compensated at an Absent Day rate when the BRS Contractor is a Hosting Placement for a Transitional Visit, unless the Hosting Placement is an OYA Foster Home.

(c) Notwithstanding OAR 410-170-0110(4), the BRS Contractor may request prior approval from OYA to be reimbursed for more than a maximum of eight calendar days total of any combination of Home Visits and Transitional Visits in a month for a BRS Client. However, for any additional days of Home Visits and Transitional Visits approved under this rule, Sending and Hosting Placements will be paid at the Absent Day rate.

(3) The BRS Contractor may be reimbursed only for the BRS Type of Care authorized in the contract with OYA.

(4) Invoice Form

(a) The BRS Contractor must submit a monthly billing form to OYA in a format acceptable to the Agency, on or after the first day of the month following the month in which it provided Services and Placement Related Activities to the BRS Client. The billing form must specify the number of Billable Care Days and Absent Days for each BRS Client in that month.

(b) The BRS Contractor must provide upon request, in a format that meets OYA’s approval, written documentation of each BRS Client’s location for each day claimed as a Billable Care Day and an Absent Day.

(c) The BRS Contractor may only submit a claim for a Billable Care Day and an Absent Day consistent with the Agency’s prior authorization or approval.

(5) Billable Care Day and Absent Day rates are provided in the “BRS Rates Table,” dated July 1, 2025, which is adopted as Exhibit 1 and incorporated by reference into this rule. A printed copy may be obtained from OYA.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & ORS 420A.014
OYA 6-2025, amend filed 11/13/2025, effective 11/13/2025
OYA 3-2025, temporary amend filed 07/01/2025, effective 07/01/2025 through 12/27/2025
OYA 19-2023, amend filed 11/20/2023, effective 11/20/2023
OYA 18-2023, temporary amend filed 07/03/2023, effective 07/03/2023 through 12/29/2023
OYA 17-2023, temporary amend filed 07/03/2023, effective 07/03/2023 through 12/29/2023
OYA 1-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 6-2021, amend filed 09/14/2021, effective 09/14/2021
OYA 5-2021, temporary amend filed 07/07/2021, effective 07/07/2021 through 10/07/2021
OYA 15-2020, amend filed 08/10/2020, effective 08/10/2020
OYA 11-2020, temporary amend filed 06/15/2020, effective 07/01/2020 through 08/31/2020
OYA 4-2019, amend filed 07/12/2019, effective 07/12/2019
OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019
OYA 6-2017, amend filed 12/19/2017, effective 12/19/2017
OYA 2-2017(Temp), f. & cert. ef. 7-25-17 thru 1-19-18
OYA 10-2016, f. & cert. ef. 12-8-16
Reverted to OYA 4-2016, f. & cert. ef. 5-2-16
OYA 5-2016(Temp), f. & cert. ef. 6-3-16 thru 11-29-16
OYA 4-2016, f. & cert. ef. 5-2-16
OYA 2-2016(Temp), f. & cert. ef. 3-10-16 thru 6-10-16
OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14

Or. Admin. R. 416-335-0100 Compliance Reviews and Remedies

(1) The BRS Contractor must cooperate, and ensure its BRS Providers cooperate, with program compliance reviews or audits conducted by any federal or state or local governmental agency or entity related to the BRS Program, including but not limited to the OYA audit guidelines described in OAR 416-250-0000 through 416-250-0090.

(2) OYA or its designee will conduct compliance reviews periodically, including but not limited to review of documentation and onsite inspections.

(3) OYA may pursue any combination of: contract remedies including but not limited to recovery of overpayments; licensing actions; and other remedies authorized under the contract, at law or in equity against a BRS Contractor, a BRS Provider, or both, for non-compliance with applicable laws, regulations or contract provisions, or any or all of the above, including but not limited to the actions described in OAR chapter 416 (such as OAR 416-530-0090). In addition to or in lieu of any of the above, OYA may proceed under the applicable provisions of OAR 410-170-0120.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.014
OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14

Division 340 Medication Management

Or. Admin. R. 416-340-0000 Purpose

This rule provides for consistent practice in the storage, control and administration of medication to youth in OYA custody in close-custody facilities or community substitute care placements.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054
OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 6-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-340-0010 Definitions

(1) Controlled medication: DEA-controlled substances including medications that come under the jurisdiction of the Federal Controlled Substances Act (e.g. narcotics, amphetamines, and certain pain and sleeping medications). These medications have a high risk for abuse or dependence.

(2) Informed consent: The agreement by a patient (over age 14 for mental health treatment, and over age 15 for medical treatment) to treatment, examination, or procedure after the patient receives facts regarding the nature, consequences, and risks of the proposed treatment, examination or procedure. Informed consent requires that the person giving the consent understands the facts, implications, and potential consequences of an action. Written documentation of consent by a youth in custody or their guardian is required for invasive procedures in which there is some risk.

(3) Medication Administration Record (MAR): The written record used to document the administration of all medication to youth in custody.

(4) Pro re nata (PRN): Administered as needed.

(5) Psychotropic Medication: Medication prescribed to alter brain function for purposes of treating problems with thought processes, mood, or behavior. Psychotropic medications include stimulants, antipsychotics, mood stabilizers, anxiolytics, and sedatives.

(6) Substitute care: Residential placements in the community that provide 24-hour-a-day care and supervision, excluding a relative’s home. Such placements include, but are not limited to:

(a) Foster care; and

(b) Proctor care; and

(7) Youth in custody: A person in the legal and physical custody of OYA either in a close-custody facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a close-custody facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054
OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09
OYA 6-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-340-0020 General Standards

(1) The use of medication will be solely for the health and welfare of the individual youth in custody.

(a) Whether medication is to be used or not used and under what conditions is the sole responsibility of the attending licensed prescriber.

(b) Prescription orders will be authorized by persons who are licensed by the State of Oregon to prescribe medication.

(c) Prescription medications will be administered according to the prescriber's order and given only to the youth in custody to whom the medication is prescribed.

(2) Consent:

(a) Pursuant to ORS 109.675 youth in custody 14 years of age or older may obtain, without parental knowledge or consent, outpatient diagnosis or treatment of a mental or emotional disorder, or a chemical dependency excluding methadone maintenance, by a physician, licensed psychologist, nurse practitioner or licensed clinical social worker.

(b) Pursuant to ORS 109.640, youth in custody 15 years of age or older may obtain, without parental consent, medical treatment, including immunizations.

(c) Pursuant to ORS 433.267, youth in custody 15 years of age or older may sign, on their own behalf, exemption from immunizations forms available through the Department of Public Health, if the signature would otherwise be required of the youth in custody’s parent or legal guardian.

(d) If a youth in custody is otherwise incapable of giving consent, no psychotropic stimulant or tranquilizing drugs will be administered to the youth in custody without their informed consent, unless withholding of the drug would seriously endanger the youth in custody's health.

(3) Pharmacy packaging and dispensing of medications administered in close-custody facilities will follow Oregon administrative rule governing pharmacy practice for correctional facilities and the Nurse Practice Act.

(a) All medications will be properly labeled, including labels on prescription medications that match the prescriber's written order. All nontopical prescribed medications administered in close-custody facilities will be unit dosed.

(b) Prescriptions that are not administered will be returned to the dispensing pharmacy or properly disposed.

(4) Any medical information received from a medical practitioner will be placed in the youth in custody's permanent medical record.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054
OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 4-2009, f. 10-27-09, cert. ef. 10-28-09
OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09
OYA 6-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-340-0030 Medication Administration

Medications, including those issued over-the-counter, will be kept in a secured, locked container in a location designated as a limited access area.

(1) Medication will be stored as prescribed (medication requiring refrigeration will be kept under refrigeration in a locked box).

(2) Controlled medications will be stored under two locks.

(3) Oral and injectable medications will be stored separately from topical medications.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054
OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09
OYA 6-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-340-0040 Medication Records

(1) All medications administered to youth in custody in close custody will be tracked on a Medication Administration Record (MAR).

(2) All medications administered to youth in custody in substitute care placement must be tracked by substitute care providers.

(3) Any unusual, uncommon, or severe side effects related to medications (both prescription and over-the-counter) will be documented, and a youth in custody will receive appropriate treatment as necessary.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054
OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09
OYA 6-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-340-0050 Intra-muscular (IM) Injections

(1) IM injections may be administered only by a physician, nurse practitioner, Registered Nurse (RN), or Licensed Practical Nurse (LPN).

(2) Except in an emergency as determined by a qualified physician, prescribed medication will not be administered IM, unless given in a clinical facility equipped to deal with possible adverse effects.

(3) No youth in custody will receive an IM injection of major tranquilizing drugs unless a physician authorizes its use prior to each injection. Exception: When a physician finds a series of IM injections are necessary for treatment, a new prescription will not be required for each injection, provided that:

(a) If a series of shots are given within any 24-hour period, the youth in custody, at the end of that period, will be evaluated by the physician to determine whether a transfer to a psychiatric facility would be in the youth in custody’s best interests.

(b) A new prescription will be written for any additional series of injections at the end of each 24-hour period.

(4) Routine injections may be authorized by a physician and are not subject to requirements of this section.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054
OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 6-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-340-0060 Psychotropic Medications

(1) Psychotropic medications will be prescribed by a physician or nurse practitioner through a written order.

(2) The use of medication to alter behavior, thought processes or mood will be based solely on a physician's determination that the medication is in the best medical interests of the youth in custody.

(3) Psychotropic medications will be reviewed no less than every 90 days:

(a) By the prescribing physician or nurse practitioner for desired responses and adverse consequences; and

(b) To determine the continued need or lowest effective dosage in a carefully monitored program.

(4) Oral administration of psychotropic drugs is the preferred method.

(5) Psychotropic medication may have PRN status only when the prescriber has ordered PRN status, and a nurse has documented written parameters specific to a youth in custody's care, per Board of Nursing administrative rules.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054
OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09
OYA 6-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-340-0070 Medication Management in Substitute Care

(1) A substitute care provider will comply with all rules in this Division unless specifically noted.

(2) A substitute care provider will keep a record of the youth in custody's medical history. These records will be kept current and organized in a manner that clearly shows the medical needs of the youth in custody. These records must be forwarded to the Oregon Youth Authority upon a youth in custody’s placement change, or placement termination.

(3) A substitute care provider will notify the youth in custody's juvenile parole/probation officer (JPPO) within one working day of any new prescription for psychotropic medication.

(4) A substitute care provider will notify the youth in custody's JPPO within one working day if a youth in custody 14 years of age or older becomes known to be diagnosed or treated for any mental or emotional disorder or chemical dependency.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054
OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022
OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09
OYA 6-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 345 Youth in Custody Medical Care and Treatment in Youth Correction Facilities

Or. Admin. R. 416-345-0010 Purpose

These rules establish categories for youth in custody medical care and treatment in youth correction facilities through priority levels. Each priority level also has a prescribed authorization process.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420.014 & ORS 420A.015
OYA 2-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2018, adopt filed 06/05/2018, effective 06/05/2018

Or. Admin. R. 416-345-0020 Definitions

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

(2) OYA: The Oregon Youth Authority.

(3) OYA medical practitioner: Includes physicians, nurse practitioners, and dentists licensed within the scope of their professional practice acts to evaluate and care for patients who are 12 to 25 years of age.

(4) OYA medical director: An OYA employee who is a licensed physician responsible for directing and overseeing youth in custody medical health care services in youth correction facilities.

(5) Youth correction facility: A facility used for the confinement of youth in custody and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps, and branches of those facilities.

(6) Youth in custody: A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
OYA 2-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 6-2020, amend filed 04/06/2020, effective 04/06/2020
OYA 7-2018, adopt filed 06/05/2018, effective 06/05/2018

Or. Admin. R. 416-345-0030 Levels of Medical Care and Treatment

(1) Youth in custody medical care and treatment is authorized and provided according to priorities established by the OYA medical director. Medical care and treatment is generally prioritized into four levels.

(2) Level 1 – medically mandatory care and treatment

(a) Level 1 care and treatment is medical care and treatment that is essential to life and health, without which rapid deterioration may be an expected outcome and where medical surgical intervention makes a very significant difference, or has a very high cost effectiveness. Examples of conditions that may allow for Level 1 care and treatment include:

(A) Acute problems, potentially fatal, where treatment prevents death and allows full recovery, (e.g., appendectomy for appendicitis);

(B) Acute problems, potentially fatal, where treatment prevents death but does not necessarily allow for full recovery (e.g., burn treatment, treatment for severe head injuries, status asthmaticus); and

(b) Any OYA medical practitioner may authorize Level 1 care and treatment for a youth in custody. OYA nursing staff may authorize Level 1 care and treatment for a youth in custody in an emergency situation.

(3) Level 2 – presently medically necessary care and treatment

(a) Level 2 care and treatment is medical care and treatment that is medically necessary, without which a youth in custody cannot be maintained without significant risk of further serious deterioration of the condition, significant pain or discomfort, or significant reduction of the chance of possible repair after release from OYA custody. Examples of conditions that may allow for Level 2 care and treatment, or types of Level 2 care and treatment, include:

(A) Chronic, usually fatal, conditions where treatment improves lifespan and quality of life (e.g., insulin-dependent diabetes mellitus, asthma, hypertension);

(B) Immunizations;

(D) Proven effective preventive care for youth (e.g., preventive dental care, pap smears, blood pressure screenings, sexually transmitted disease screenings);

(E) Acute nonfatal conditions where treatment causes a return to a previous state of health (e.g., fillings for dental cavities, medical treatment of various infectious disorders);

(F) Acute nonfatal conditions where treatment allows the best approximation of return to previous health (e.g., reduction of dislocated elbow or shoulder, repair of corneal laceration, treatment of displaced fractures of the extremities); and

(G) Medical treatment to ameliorate symptoms of gender dysphoria.

(b) Any OYA medical practitioner may authorize Level 2 care and treatment for a youth in custody. The decisions of practitioners are subject to periodic review by the OYA medical director.

(4) Level 3 – medically acceptable, but not medically necessary care and treatment

(a) Level 3 care and treatment is medical care and treatment for nonfatal conditions where treatment may improve the youth in custody’s quality of life (e.g., routine hernia repair, treatment of non-cancerous skin lesions, surgery for certain chronic knee conditions, routine MRI for orthopedic injury, elective procedures).

(b) Level 3 care and treatment may be authorized on an individual or problem-by-problem basis as follows:

(A) Medical and surgical procedures and therapies that can be appropriately completed onsite in a routine clinic, and that are within the skills of the OYA medical practitioner, may be offered at the medical practitioner’s discretion. Any case may be referred by a medical practitioner to the OYA medical director for review pursuant to OAR 416-345-0040(2).

(B) Offsite procedures and therapies deemed appropriate by an OYA medical practitioner for chronic Level 3 diseases must be referred to the OYA medical director for clinical review pursuant to OAR 416-345-0040(2).

(i) The OYA medical director may form a clinical review committee to review requests for Level 3 offsite procedures and therapies on a case-by-case basis.

(ii) The OYA medical director may approve or disapprove the Level 3 offsite procedure or therapy at the medical director’s discretion.

(5) Level 4 – limited medical value care and treatment.

(a) Level 4 care and treatment is medical care and treatment that is valuable to certain individuals but significantly less likely to be cost effective or to produce substantial long-term gain. This includes treatment of minor conditions where treatment merely speeds recovery, gives little improvement in quality of life, offers minimal palliation of symptoms, or is exclusively for the convenience of the individual (e.g., nasal reconstruction for cosmetic reasons, elective circumcision, surgery for gynecomastia).

(b) OYA does not provide youth in custody Level 4 care or treatment.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
OYA 2-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2018, adopt filed 06/05/2018, effective 06/05/2018

Or. Admin. R. 416-345-0040 Exceptions

(1) Notwithstanding OAR 416-345-0030, there may be circumstances in which the level of care and treatment is unclear, or it may be inappropriate to apply any level of care and treatment to an individual patient. Any individual case, or proposed care or treatment, may be submitted to the OYA medical director to review for medical appropriateness or second opinion.

(2) The OYA medical director may consider the following factors to determine proposed medical care or treatment appropriateness, including but not limited to:

(a) The urgency of the care and treatment and the anticipated length of the youth in custody’s remaining commitment to close custody and whether the care and treatment could or could not be reasonably delayed without causing a significant progression, complication, or deterioration of the condition;

(b) The overall necessity of the care and treatment in regards to morbidity, mortality, and functional disability;

(c) Pre-existing condition(s) prior to incarceration, and the reasons for not obtaining treatment prior to incarceration;

(d) The probability the care and treatment will have a successful outcome, along with relevant risks;

(e) Any other known costs, risks, or benefits associated with the care and treatment;

(f) Alternative therapies;

(g) The youth in custody’s desire for the care and treatment and the likelihood of the youth in custody’s cooperation with the care and treatment; and

(h) Pain complaints, or pain behavior.

(3) The OYA medical director may choose to convene a clinical review committee to help determine proposed care or treatment appropriateness.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
OYA 2-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2018, adopt filed 06/05/2018, effective 06/05/2018

Division 410 Close-custody Population

Or. Admin. R. 416-410-0000 Purpose

The Oregon Youth Authority (OYA) establishes the following criteria for admission to close-custody facilities, including the designation of Public Safety Reserve (PSR) beds and county bed allocations.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.014 & 420.011
OYA 10-2020, minor correction filed 05/07/2020, effective 05/07/2020
OYA 20-2005, f. & cert. ef. 9-19-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-410-0010 Definitions

(1) Close custody: The OYA placement designation for youth in custody who are committed to OYA legal custody or transferred to OYA physical custody, and reside in youth correction facilities.

(2) Discretionary Bed Allocation (DBA): A category of beds in youth correction facilities reserved for youth in custody not in the PSR or in the legal custody of DOC.

(3) Executive Team: A group of OYA executive staff that provides oversight to agency operations. Membership includes the director, deputy director, assistant directors, and other persons as requested by the Executive Team.

(4) OYA: Oregon Youth Authority.

(5) Public Safety Reserve (PSR): A number of beds in youth correction facilities that are reserved for youth in custody who have been adjudicated for committing a specified crime type.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.081 & 420.011
OYA 3-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 13-2020, amend filed 07/06/2020, effective 07/06/2020
OYA 3-2012, f. & cert. ef. 4-3-12
OYA 20-2005, f. & cert. ef. 9-19-05
OYA 14-2002, f. & cert. ef. 10-11-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-410-0020 Allocation of Close-custody Beds

(1) The Executive Team will determine the number of designated Public Safety Reserve (PSR) beds, ensuring that youth in custody adjudicated for committing specified crime types can be placed in close custody.

(a) Youth in custody committed to OYA close custody for the following offenses qualify for a PSR bed:

(A) Murder in the first degree, as defined by ORS 163.107(1);

(B) Murder in the second degree, as defined by ORS 163.115;

(D) Aggravated murder, as defined by ORS 163.095;

(E) Manslaughter in the first degree, as defined by ORS 163.118;

(F) Rape in the first degree, as defined by ORS 163.375;

(G) Sodomy in the first degree, as defined by ORS 163.405;

(H) Unlawful sexual penetration in the first degree, as defined by ORS 163.411;

(i) Assault in the first degree, as defined by ORS 163.185;

(J) Robbery in the first degree, as defined by ORS 164.415;

(K) Arson in the first degree, as defined by ORS 164.325;

(L) Kidnapping in the first degree, as defined by ORS 163.235;

(M) Manslaughter in the second degree, as defined by ORS 163.125;

(N) Criminally negligent homicide, as defined by ORS 163.145;

(O) Assault in the second degree, as defined by ORS 163.175;

(P) Kidnapping in the second degree, as defined by ORS 163.225;

(Q) Rape in the second degree, as defined by ORS 163.365;

(R) Sodomy in the second degree, as defined by ORS 163.395;

(S) Unlawful sexual penetration in the second degree, as defined by ORS 163.408;

(T) Sexual abuse in the first degree, as defined by ORS 163.427;

(U) Robbery in the second degree, as defined by ORS 164.405;

(V) Using a child in a display of sexually explicit conduct, as defined by ORS 163.670;

(W) Aggravated vehicular homicide, as defined by ORS 163.149;

(X) Unlawful Manufacture or Delivery of a Controlled Substance thereby causing death, as defined by ORS 475.752(6);

(Y) Compelling prostitution as defined by ORS 167.017; or

(Z) Conspiracy to commit any of the offenses listed above, as defined by ORS 161.450.

(b) Youth in custody must be removed from PSR eligibility upon parole from close custody, except youth in custody who were committed for the following offenses:

(A) Murder in the first degree, as defined by ORS 163.107(1);

(B) Murder in the second degree, as defined by ORS 163.115;

(D) Aggravated murder, as defined by ORS 163.095;

(E) Manslaughter in the first degree, as defined by ORS 163.118;

(F) Rape in the first degree, as defined by ORS 163.375;

(G) Sodomy in the first degree, as defined by ORS 163.405;

(H) Unlawful sexual penetration in the first degree, as defined by ORS 163.411;

(i) Assault in the first degree, as defined by ORS 163.185;

(J) Robbery in the first degree, as defined by ORS 164.415;

(K) Arson in the first degree, as defined by ORS 164.325; or

(L) Kidnapping in the first degree, as defined by ORS 163.235.

(A) The youth in custody is returned to close custody for a new offense listed in subsection (1)(a) of this rule; or

(B) The youth in custody was originally committed for an offense listed in subsection (1)(b) of this rule.

(2) The Executive Team and a representative from the Oregon Juvenile Department Directors' Association (OJDDA) must monitor PSR bed usage. The Executive Team, in consultation with the OJDDA representative, may alter criteria for PSR, as necessary.

(3) Youth in custody who do not qualify for PSR beds may be placed in the remaining close-custody beds.

(a) Each county must be allocated a percentage of the non-PSR beds through the use of the agreed upon formula between the counties, and approved by OYA.

(b) These beds are considered discretionary. Counties must limit their discretionary bed use to the number allocated to their county.

(c) Counties may join in regional plans to combine their discretionary close-custody population limits and diversion funding under OAR 416-410-0030.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.081 & ORS 420.011
OYA 3-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 13-2020, amend filed 07/06/2020, effective 07/06/2020
OYA 20-2005, f. & cert. ef. 9-19-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-410-0030 Diversion Contracts

(1) When the legislature appropriates funds to OYA expressly for distribution to counties in support of programs to divert youth from close custody, such funds are allocated based on each county's percentage of the state’s population of persons 17 years of age and under.

(a) A county or region of counties that chooses to accept funds to divert youth from close-custody facilities must agree in intergovernmental agreements with OYA not to exceed its allocated funding.

(b) The intergovernmental agreement is based on the county's or region's plan developed in accordance with Oregon statutes and approved by OYA. The plan must contain:

(A) The method for providing evaluation, including education, diagnostic, and placement services;

(B) A process for providing a hearings officer for preliminary parole revocation hearings;

(D) The type of programs the county or region will use in order not to exceed its DBA.

(2) OYA must have a plan to prevent the close-custody population limit from exceeding the DBA in the counties that choose not to accept diversion funds. The OYA plan must contain:

(a) The method for providing evaluation, including education, diagnostic, and placement services;

(b) A process for providing a hearings officer for preliminary parole revocation hearings;

(d) The type of programs the county or region will use in order not to exceed its close-custody allocation limit.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.017 & ORS 420.019
OYA 13-2020, amend filed 07/06/2020, effective 07/06/2020
OYA 20-2005, f. & cert. ef. 9-19-05
OYA 2-1999, f. & cert. ef. 9-1-99
OYA 1-1999(Temp), f. & cert. ef. 3-15-99 thru 9-1-99
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-410-0050 Initial Placement in Close Custody

(1) Youth in custody initially committed to OYA close custody must be oriented to OYA at a close-custody intake facility. During the first 30 days, each youth in custody must receive medical, dental, and psychological evaluations as needed, and educational testing and evaluation. OYA must assess youth in custody for criminogenic areas of risk, protective factors, and resource need.

(2) OYA will determine a youth in custody’s initial close-custody facility or living unit placement after reviewing information gathered from the sending community, and reports and assessments generated within the intake facility.

(3) Youth in custody must be informed of their right to appeal the placement decision through the youth in custody grievance process in accordance with OAR 416-020.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.011, ORS 420A.010 & ORS 420A.125
OYA 3-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 13-2020, amend filed 07/06/2020, effective 07/06/2020
OYA 20-2005, f. & cert. ef. 9-19-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-410-0060 Standards of Care and Treatment

(1) The OYA director must determine maximum population levels for each close-custody facility. The maximum population allowable must not exceed the design capacity for the facility, must take into consideration the ratio of population to staff assigned primarily or exclusively for supervision and control of youth in custody, and must meet the needs of the close-custody population.

(2) Within budget limitations, OYA ascribes to the Performance-based Standards (PbS) for Youth Correction and Detention Facilities.

(3) OYA must identify the collective service needs of the close-custody population at least annually. Special programs must be provided to meet the needs of youth in custody with specific issues.

(4) Close-custody placement of adjudicated youth is limited to adjudicated youth who require secure custody, are found to be within the jurisdiction of the court, and are at least 12 years of age.

(5) There is a limit to the number of adjudicated youth who can be placed in OYA close custody on a given day. Subject to the limitation, the following criteria are required for an adjudicated youth to be admitted into a close-custody facility:

(a) Displays serious and persistent criminal behavior;

(b) Displays a lack of responsiveness to the expectations of the court; and

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 162.135, ORS 162.185, ORS 419C.478 & ORS 420A.081
OYA 2-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 3-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 13-2020, amend filed 07/06/2020, effective 07/06/2020
OYA 20-2005, f. & cert. ef. 9-19-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 415 Youth in Custody Work Programs

Or. Admin. R. 416-415-0010 Purpose

These rules institute guidelines for establishing, operating, and administering Work Programs for Youth in Custody residing in OYA close-custody facilities. OYA Work Programs emphasize each participant's potential to lead a positive, productive life. The goal of OYA Work Programs is for Youth in Custody participants to gain the knowledge, skills, and proficiencies for employment or further education upon release from incarceration into the community, consistent with the Youth in Custody’s treatment needs, the safety and security needs of the facility, and the safety and security needs of the Work Program and any Program Staff or Youth in Custody participants.

History

Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240
Statutes/Other Implemented: ORS 420A.010, 420.060, 420.240 & 420.245
OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023
OYA 3-2014, f. & cert. ef. 11-4-14

Or. Admin. R. 416-415-0020 Definitions

(1) Adjudicated Youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age, and who has been placed in the legal and physical custody of OYA.

(2) DOC Youth in Custody: A person in the legal custody of the Department of Corrections (DOC) and the physical custody of OYA.

(3) Facility Work Program: A type of Work Program in which Youth in Custody are supervised while performing a job or a service administered within an OYA facility’s secure perimeter.

(4) Major Behavior Violation: Behavior that is prohibited and unacceptable within an OYA facility or program and is immediately threatening to life, health, or facility safety, security or good order. Specific behaviors are listed as Levels Zero, One, and Two prohibited behaviors on the Youth in Custody Behavior Accountability Option Matrix, Exhibit 1 to OAR 416-470-0020.

(5) Multidisciplinary Team (MDT): A group of persons including, but not limited to, OYA employees, the Youth in Custody’s family, and service providers responsible for developing, reviewing and revising the Youth in Custody's comprehensive case plan.

(6) Offsite Work Program: A type of Work Program in which Youth in Custody are supervised while performing a job or service beyond an OYA close-custody facility's property.

(7) Onsite Work Program: A type of Work Program in which Youth in Custody are supervised while performing a job or service on an OYA close-custody facility's property but beyond the facility's secure perimeter.

(8) OYA: Oregon Youth Authority

(9) Program Staff: Any OYA employee, contractor (and contractor's employees/staff), or volunteer, who works with Youth in Custody in a Work Program.

(10) PSR: Public Safety Reserve - A number of close-custody beds that are reserved for adjudicated youth who have been adjudicated for committing a specified crime type listed in OAR 416-410-0020 Allocation of Close-custody Beds.

(11) PSR Youth: An adjudicated youth who has been adjudicated for committing a PSR crime type.

(12) Stipend: Monetary incentive for participation in a Work Program to promote positive Youth in Custody development, reformation, and rehabilitation.

(13) Vocational Program: A program or sequence of courses or instructional units that provides a Youth in Custody with academic and technical knowledge, skills, and proficiencies to prepare the Youth in Custody for employment or further or advanced education.

(14) Work Program: An OYA-approved program in which Youth in Custody perform a job or service as part of their treatment, education, or vocational training curriculum.

(15) Work Program Manager: A designated OYA management staff member who oversees a specific Work Program and the program's policy compliance.

(16) Work Release: A type of Work Program in which Youth in Custody are temporarily released from an OYA close-custody facility or are authorized to leave the facility grounds to perform a job or service in a community setting without supervision.

(17) Youth in Custody: Includes both DOC Youth in Custody and Adjudicated Youth.

History

Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240
Statutes/Other Implemented: ORS 420A.010, 420.240 & 420.245
OYA 1-2025, amend filed 03/26/2025, effective 03/27/2025
OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023
OYA 3-2014, f. & cert. ef. 11-4-14

Or. Admin. R. 416-415-0030 Work Program Approval

(1) The facility's superintendent or camp director is the Work Program approval authority for Facility Work Programs under the superintendent's or camp director's purview. Facility Work Programs must be approved by the facility's superintendent or camp director prior to the Work Program's implementation.

(2) The Assistant Director Facility Services, or the Assistant Director Facility Services' designee, is the Work Program approval authority for Work Programs administered beyond an OYA facility's secure perimeter. Work Programs administered beyond an OYA facility's secure perimeter must be approved by the Assistant Director Facility Services, or designee, prior to the Work Program's implementation.

(3) Prior to approving a Work Program, the Work Program approval authority must ensure the Work Program's purpose is clearly correlated to Youth in Custody participation in at least one of the following:

(a) Private, gainful employment;

(b) An educational or Vocational Program, including but not limited to technical and general education, provided by OYA staff, or public or private agencies or persons; or

(4) The sale of any services or products generated from a Work Program must comply with the Ashurst-Sumners Act, 18 USC 1761-1762 (effective July 1, 2014).

(5) All Work Programs must be carried out in Oregon. No Youth in Custody may travel outside of Oregon as part of a Work Program experience.

History

Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240
Statutes/Other Implemented: ORS 420A.010, 420.240 & 420.245
OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023
OYA 3-2014, f. & cert. ef. 11-4-14

Or. Admin. R. 416-415-0040 Youth in Custody Eligibility for Participation in a Work Program

(1) The facility superintendent, camp director, Program Staff, or Facility Services Assistant Director may consider any eligible Youth in Custody for assignment to a Work Program.

(2) The facility superintendent, camp director, Program Staff, or Youth in Custody's Multidisciplinary Team may initiate a Youth in Custody's eligibility review for assignment to a Work Program.

(3) The Work Program approval authority, in the Work Program approval authority's sole discretion, may assign a Youth in Custody to a Work Program. The Work Program approval authority may specify conditions for the Youth in Custody's assignment to and participation in the Work Program.

(4) Eligibility Criteria.

(a) To be considered for assignment and participation in any Work Program, a Youth in Custody must:

(A) Complete initial medical and mental health assessments according to OYA policy;

(B) Complete required safety and health training according to OYA policy; and

(C) Be age appropriate for the Work Program as determined by the Work Program approval authority. Youth in Custody under 18 years of age must not perform any work prohibited by state or federal regulations pertaining to child labor.

(b) Onsite Work Program and Offsite Work Program.To be considered for assignment to and participation in an Onsite Work Program or Offsite Work Program, a Youth in Custody must:

(A) Meet the criteria listed in section (4)(a) of this rule;

(B) Be at least 16 years of age;

(D) Have exhibited consistent high-level positive programming and progress toward reentry into the community as determined by the Work Program approval authority;

(E) Have no violent Major Behavior Violations within the last three months;

(F) For DOC Youth in Custody, have 36 months or less remaining until community placement; and

(G) For PSR Youth, have demonstrated psychosocial maturity, including understanding the impact of their crime and behavior on their victim and others.

(A) Meet the criteria listed in sections (4)(a) and (4)(b) of this rule;

(B) Have successfully participated in an Offsite Work Program for at least 60 days;

(D) Have no conviction or adjudication for a stalking crime as listed in ORS 163.732;

(E) Have no active court restraining or stalking protective order;

(F) Have no violent Major Behavior Violations within the last six months;

(G) Have no detainer(s); and

(H) For DOC Youth in Custody:

(i) Have six months or less remaining until community placement;

(ii) Not have been sentenced under ORS 137.635, 137.700, 137.707, or any other provision of law that prohibits eligibility for any form of temporary leave or release from custody; and

(iii) Have an order of the sentencing court appearing in the judgment of conviction and sentence indicating the DOC Youth in Custody’s eligibility for consideration for participation in a work release program pursuant to ORS 137.750.

(d) In addition to the eligibility criteria set forth in sections (4)(a), (4)(b), and (4)(c) of this rule, designated Program Staff and the Work Program approval authority may consider additional screening criteria in determining whether to recommend or approve a Youth in Custody for assignment to a Work Program, including but not limited to the following:

(A) Whether the Youth in Custody's physical and mental condition is suitable to obtain and maintain work in the facility or community, participate in education programs, or participate in treatment programs as authorized by OYA;

(B) The recommendation of the juvenile or sentencing court, if any;

(C) Whether the Youth in Custody's criminal history includes crimes which may be cause for significant community concern, the circumstances of which may indicate that the Youth in Custody may not be suitable for assignment to specific Work Program activities; and

(D) Whether the Youth in Custody's behavior violation history includes any patterns of conduct the circumstances of which may indicate that the Youth in Custody may not be suitable for assignment to specific Work Program activities.

(5) The Work Program approval authority may waive any eligibility criteria specified in OAR 416-415-0040(4) except for OAR 416-415-0040(4)(c)(H), unless the Youth in Custody is otherwise ineligible to participate in a Work Program under one or more provisions of law.

(6) DOC Youth in Custody must be specifically approved by the Department of Corrections (DOC) to participate in Onsite Work Programs, Offsite Work Programs, or Work Release in order to participate in such programs.

(7) The Work Program Manager must notify a Youth in Custody approved for assignment and participation in Work Release in writing of the approval and any conditions of participation specified by the Work Program approval authority.

(8) A Youth in Custody may appeal the Work Program approval authority's decision regarding the Youth in Custody's Work Program assignment approval or disapproval by filing a Youth in Custody grievance according to OAR chapter 416, division 20 (Youth in Custody Grievance Process).

History

Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240
Statutes/Other Implemented: ORS 420A.010, 420.060, 420.225, 420.230, 420.240, ORS 420.245, 420.250, 420.255, 420.260 & 420.270
OYA 1-2025, amend filed 03/26/2025, effective 03/27/2025
OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023
OYA 4-2021, minor correction filed 07/01/2021, effective 07/01/2021
OYA 3-2021, amend filed 04/30/2021, effective 04/30/2021
OYA 3-2014, f. & cert. ef. 11-4-14

Or. Admin. R. 416-415-0050 Youth in Custody Work Program Evaluation, Stipends and Revenue

(1) OYA must evaluate a Youth in Custody's Work Program performance.

(a) Program Staff will provide the Youth in Custody and the Youth in Custody's Multidisciplinary Team with feedback on the Youth in Custody's job or service performance at least monthly.

(b) Work Program performance feedback will address, at a minimum, the Youth in Custody's quality and quantity of work, initiative, amenability to learn, dependability, response to supervision and instruction, safety and care of equipment, ability to work with others, and overall job or service proficiency.

(2) At OYA's discretion, OYA may award Stipends or other recognition to Youth in Custody who work well or otherwise successfully participate in Work Programs. Factors considered when deciding whether to award a Stipend to a Youth in Custody participating in a Work Program include the program's educational and vocational requirements, physical demands, working conditions, the degree of responsibility held by the Youth in Custody participant, the degree of skill and supervision required for the Youth in Custody's participation in the Work Program, and the Youth in Custody’s treatment, reformation and rehabilitation progress.

(3)(a) Work Program Stipends must be awarded at a rate and manner established by the OYA Assistant Director Facility Services to ensure consistency throughout all close-custody facilities, using the methodology below and according to the chart in Appendix A.

(b) Factors considered when assigning a Stipend rate to a Work Program include the program's educational and vocational requirements, physical demands, working conditions, the degree of responsibility held by the Youth in Custody participant, and the degree of skill and supervision required for the Youth in Custody's participation in a Work Program.

(4) OYA must deposit any Stipend awarded to a Youth in Custody into the Youth in Custody's trust account according to OAR chapter 416, division 260 (Youth in Custody Welfare and Trust Accounts).

(5) OYA must report Stipend awards according to Internal Revenue Service reporting requirements.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 420A.025, 420A.010, 420.240 & 420.255
Statutes/Other Implemented: 420A.035, 420.065, 420.225, 420.230, 420.240, 420.245, 420.255, 420.260 & ORS 420A.010
OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023
OYA 2-2019, amend filed 03/29/2019, effective 04/01/2019
OYA 7-2017, amend filed 12/19/2017, effective 12/19/2017
OYA 3-2014, f. & cert. ef. 11-4-14

Or. Admin. R. 416-415-0060 Youth in Custody Status

(1) Youth in Custody participating in OYA-approved Work Programs retain their legal status as Adjudicated Youth or DOC Youth in Custody and must comply with any conditions of participation or standards of conduct established by the Work Program approval authority or Program Staff.

(2) Any behavior violation associated with a Youth in Custody's participation in a Work Program must be managed according to OAR chapter 416, division 470 (Prohibited Youth in Custody Behaviors and Processing Behavior Violations).

History

Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240
Statutes/Other Implemented: ORS 420A.010, 420.070, 420.240, 420.245, 420.250, 420.255 & 420.270
OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023
OYA 3-2014, f. & cert. ef. 11-4-14

Or. Admin. R. 416-415-0070 Work Program Participation Suspension/Termination

(1) The Work Program approval authority, Program Staff, or other OYA staff may, in their sole discretion, cause a Youth in Custody to be temporarily removed from the Youth in Custody's Work Program assignment for reasons consistent with the Youth in Custody’s treatment needs, the safety and security needs of the facility, or the safety and security needs of the Work Program and any Program Staff or Youth in Custody participants.

(2) A Youth in Custody's Work Program assignment must be immediately suspended whenever the Work Program approval authority, Program Staff, or other OYA staff have reason to believe that:

(a) The Youth in Custody has violated any law, or prescribed Work Program participation condition;

(b) The Youth in Custody's continued participation in the Work Program poses an imminent threat to staff, other Youth in Custody, or the general public; or

(c) The Youth in Custody's continued participation in the Work Program is otherwise not in the best interest of the Youth in Custody, facility operations, or the community.

(3) Following suspension of a Youth in Custody from a Work Program, the Work Program Manager must review the circumstances surrounding the Youth in Custody's suspension and determine whether to terminate or reinstate the Youth in Custody to the Work Program.

(4) Unauthorized Absences

(a) A Youth in Custody participating in an Onsite Work Program, Offsite Work Program, or Work Release who is determined to be absent without written permission from the Work Program is on unauthorized absence and is immediately terminated from the Work Program.

(b) An unauthorized absence may constitute an escape from a correctional facility and must be reported as an escape according to OYA policy.

(5) A Youth in Custody who is terminated from a Work Program may appeal the termination decision by filing a Youth in Custody grievance according to OAR chapter 416, division 20 (Youth in Custody Grievance Process).

History

Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240
Statutes/Other Implemented: ORS 420A.010, 420.070, 420.240, 420.245, 420.250, 420.255 & 420.270
OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023
OYA 3-2014, f. & cert. ef. 11-4-14

Or. Admin. R. 416-415-0080 Work Program Staff Security Precautions

(1) Program Staff may supervise Youth in Custody who are participating in Facility Work Programs or Work Release, or escort Youth in Custody going to or returning from Work Release activities in the community.

(2) Only a Program Staff who is an OYA employee, or an employee or agent of a local, state, or federal government agency may supervise Youth in Custody who are participating in Onsite Work Programs or Offsite Work Programs.

(3) Program Staff who supervise or escort Youth in Custody must:

(a) Successfully complete OYA training on basic security practices;

(b) Carry a mobile communication device; and

(A) Appropriate relationships with Youth in Custody;

(B) Mandatory reporting of Youth in Custody abuse or harassment;

(D) Transporting Youth in Custody.

(4) OYA training on basic security practices listed in subsection (3)(a) of this rule must be designed in consultation with the Department of Corrections.

History

Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240
Statutes/Other Implemented: ORS 420A.010, 420.070, 420.240, 420.245, 420.250, 420.255 & 420.270
OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023
OYA 3-2014, f. & cert. ef. 11-4-14

Or. Admin. R. 416-415-0090 Written Agreements with Public and Private Agencies or Persons

(1) A written agreement must exist between OYA and a public or private agency, or person with whom a Youth in Custody has secured authorized work, prior to the assignment of a Youth in Custody to perform the authorized work.

(2) The agreement must set forth the following:

(a) The nature and scope of the work to be performed by the Youth in Custody;

(b) Any terms or conditions of the Youth in Custody's assignment and participation required by OYA;

(d) The costs of staff supervision, if applicable; and

(e) A provision requiring the public or private agency, or person with whom a Youth in Custody has secured authorized work, to furnish to OYA a regular accounting of the Youth in Custody's work performance, behavior, and location.

History

Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240
Statutes/Other Implemented: ORS 420A.010, 420.070, 420.240, 420.245, 420.250, 420.255 & 420.270
OYA 1-2025, amend filed 03/26/2025, effective 03/27/2025
OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023
OYA 3-2014, f. & cert. ef. 11-4-14

Division 420 OYA Facility Access, Tours, and Youth in Custody Visitation

Or. Admin. R. 416-420-0000 Purpose

(1) These rules define the process by which a person may access Oregon Youth Authority (OYA) facility premises.

(2) All youth in custody, except as specifically provided in these rules, are eligible for visitation while residing in an OYA facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 162.135, ORS 162.185, ORS 419C.478, ORS 420A.010 & ORS 420A.100
OYA 14-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 22-2005, f. & cert. ef. 9-19-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-420-0005 Definitions

(1) Facility: Any youth correctional facility, camp or transitional facility, operated by the Oregon Youth Authority.

(2) Premises: Includes any building, staff office, and grounds.

(3) Youth in custody: A person in the legal and physical custody of OYA either in a facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 14-2023, adopt filed 05/08/2023, effective 05/08/2023

Or. Admin. R. 416-420-0010 Facility Access

(1) OYA acknowledges the importance of partnerships with community members, knowing that the effectiveness of those partnerships is increased when community members understand the services offered by OYA. OYA recognizes the importance of interaction between youth in custody with family and members of the community. Such access allows youth in custody to maintain contact with their families and community, and contributes to effective planning for a youth in custody's treatment needs.

(2) OYA controls access to its facilities to maintain the security, safety, and order within the facilities.

(a) Approval to enter a facility is granted by the facility’s superintendent or camp director. This approval may be delegated according to OYA policy. Any person may be denied access to a facility or facility premises if it would compromise the security, safety, or order within the facility or facility premises.

(b) Requests to enter a facility require advance notice, according to OYA policy and local operating protocol.

(c) Persons who enter OYA facilities must be supervised by OYA staff in accordance with relevant OYA rules, policies, or contracts. Contact with youth in custody is prohibited, unless authorized by the facility superintendent or camp director.

(d) Persons who enter OYA facility premises may not photograph, film, or otherwise record youth in custody or the facility premises without express consent of the facility superintendent or camp director.

(e) Persons must conform to all relevant security and control procedures enforced at the facility. Failure to do so is grounds for refusal of entry or removal if entry has already been gained.

(A) Facility staff must notify persons of relevant rules, policies, procedures, and protocols prior to the person’s entry into the facility.

(B) Persons may be asked to submit to a physical search (may include use of visual inspection, metal detectors, or other electronic devices), and personal property search.

(D) The facility may place limitations on the type of property that is allowed within the secure perimeter of the facility. Visitors must not possess or carry onto the grounds of any OYA facility explosive devices, firearms, weapons, ammunition, pocketknives, alcohol-containing fluids or beverages, cannabinoids or paraphernalia, narcotics, dangerous drugs, aerosol spray cans, or objects or material of any kind that might be used to compromise the safety and security of the facility.

(E) Cameras, recording devices, cell phones, and other electronic devices must be stored in a vehicle or locker while a person is on a facility premises, unless specifically authorized in writing by the facility superintendent or camp director. Any use of such devices on a facility premises must follow OAR 416-060 Media Relations and related OYA policies.

(F) Persons must not enter or remain unlawfully on a facility premises. The term “enter or remain unlawfully” is defined in ORS 164.205(3). Persons must leave the facility premises when lawfully directed to do so by the facility superintendent or designee, or camp director or designee.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 162.135, ORS 162.185, ORS 419C.478, ORS 420A.010 & ORS 420A.100
OYA 14-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 6-2011, f. 9-14-11, cert. ef. 9-15-11
OYA 22-2005, f. & cert. ef. 9-19-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-420-0020 Tours

(1) Approval by the OYA is required for all facility tours in compliance with these rules and OYA policy and procedure. Typically, tours are granted to persons interested or involved in juvenile corrections, such as:

(a) Oregon state officials;

(b) Juvenile justice professionals from other agencies;

(c) Students older than age 18, as part of an educational program (exceptions for underage students may be approved by the facility superintendent/camp director).

(2) All tours will be supervised by staff. Some parts of the facility may be off-limits, and individual contact with youth in custody is prohibited unless specifically authorized.

(3) As part of the approval process, the OYA requires that the names of persons who plan to participate in the tour be provided in advance. Persons must check-in at the designated reception area and present photo identification.

(a) Persons not prior authorized to participate in the tour will be denied access into the facility.

(b) Persons who are on parole/probation status in the community, former OYA youth in custody, or family members of current youth in custody must be individually approved in writing by the facility superintendent/camp director to participate in a facility tour.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 162.135, ORS 162.185, ORS 419C.478, ORS 420A.010 & ORS 420A.100
OYA 14-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 22-2005, f. & cert. ef. 9-19-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-420-0030 Visits with Youth in Custody

(1) Prior authorization by OYA is required for all persons who request to visit a youth in custody, in compliance with these rules and OYA policy.

(2) Staff will consider all requests from individuals who request to visit a youth in custody and allow or deny the visit on the basis of the interests of the security and order of the facility and what would best benefit the youth in custody. When making a determination about whether to allow visitation, staff will consider:

(a) Facility security and order;

(b) The relationship that exists between the youth in custody and the visitor;

(d) The goals for the visit;

(e) The youth in custody's wishes;

(f) Orders of the court; and

(g) The recommendation of the Department of Corrections (DOC) (for youth in custody who are in the physical custody of OYA and legal custody of DOC).

(3) Visitation with youth in custody is limited to those persons who are integral to the youth in custody's case plan. Those persons typically include:

(a) Family members, including but not limited to: parents, siblings, children of youth in custody, legal guardians, members of stepfamilies, surrogate parents, or grandparents;

(b) Attorney for the youth in custody (subject to OAR chapter 416, division 150);

(c) Persons involved in treatment planning, including but not limited to mentors, transition resources, or placement options; and

(d) Other persons, as approved on a case-by-case basis.

(4) Any person may be denied visitation with a youth in custody for the following reasons:

(a) The person does not have prior authorization to visit a youth in custody;

(b) The person appears to be intoxicated, under the influence of a controlled substance, or otherwise behaving in an unlawful or inappropriate manner;

(d) The person has encouraged the youth in custody to violate the law or disobey OYA rules, policies, procedures, or protocols;

(e) There is reasonable cause to believe the person intends to aid a youth in custody in escaping;

(f) The person has violated OYA rules, policies, procedures, or protocols;

(g) The person has interfered with the good order, security, or operations of the facility and there is reasonable cause to believe the person will do so again;

(h) The time of the person's visit interferes with daily programming;

(i) The visit interferes with the youth in custody's overall reformation;

(j) The committing court, DOC, or Community Corrections has ordered that the person not visit;

(k) The youth in custody or the youth in custody’s parent or legal guardian has requested that the person not visit;

(l) The person is a former OYA staff, volunteer, or contractor who engaged in an inappropriate relationship with a youth in custody;

(m) The person is on supervision in the community by any supervising authority; or

(n) The person has an active warrant.

(5) If a request for visitation is denied, OYA will provide the requestor and the affected youth in custody with a written statement of the determination. A youth in custody may appeal the decision using the grievance process outlined in OAR chapter 416, division 20 and OYA policy. The requestor may appeal the decision in writing to the facility superintendent or camp director within 30 days of receiving the written statement of the determination.

(6) Persons who visit youth in custody are subject to the following standards:

(a) Visitors ages 13 and older must present valid photo identification;

(b) Visitors must arrange with facility staff prior to the scheduled visitation if they wish to bring personal items or gifts to the youth in custody;

(d) Visitors must comply with the visitation schedule for each facility, including the day, time, and length of visit allowed, and check-in at the designated reception area;

(e) The number of visitors will be limited if space, supervision, or security require it;

(f) Visitors will wear conventional clothing in a manner which is not unduly suggestive, in accordance with facility protocol, and which does not pose a threat to the safety, security, health, treatment, or good order of the facility. Clothing that is revealing, such as shorts higher than mid-thigh, low cut blouses, shoulder straps less than one inch wide or clothing that exposes the stomach, back, or other areas is prohibited. Clothing that displays or suggests the use of alcohol, drugs, or profanity is prohibited. Clothing, hairstyles, insignias, or other paraphernalia associated with street gangs is prohibited. Footwear must be worn;

(g) Visitors will not exchange any object or article with a youth in custody;

(h) Visitors will control children and remove them from the visiting area if necessary to avoid disturbing other visitors;

(i) Minor children or animals will not be left unattended in cars or on institution property; and

(j) Neither a visitor nor a youth in custody will be permitted to visit with a person who is not specifically authorized for the current visit.

(7) Requests from media representatives to visit a youth in custody are subject to the provisions of OAR chapter 416, division 060.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.011, ORS 420A.010, ORS 420A.010 & ORS 420A.100
OYA 14-2023, amend filed 05/08/2023, effective 05/08/2023
OYA 6-2011, f. 9-14-11, cert. ef. 9-15-11
OYA 22-2005, f. & cert. ef. 9-19-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 425 OFFENDER TRANSFERS IN CLOSE CUSTODY FACILITIES TO MENTAL HEALTH FACILITIES

Or. Admin. R. 416-425-0000 Purpose

These rules prescribe procedures by which offenders in Oregon Youth Authority (OYA) close custody facilities may be transferred to a state mental hospital or a facility designated by the Oregon Health Authority (OHA) for evaluation and treatment.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 179.471, 179.473, 179.478, 420.500, 520.505 & 420.525
OYA 7-2020, minor correction filed 05/01/2020, effective 05/01/2020
OYA 27-2005, f. & cert. ef. 11-22-05
OYA 16-2005(Temp), f. & cert. ef. 7-14-05 thru 1-7-06

Or. Admin. R. 416-425-0010 Definitions

For purposes of these rules:

(1) Close custody facility: Any of the secure facilities operated by the OYA, including, but not limited to, youth correctional facilities, work/study camps, and transition camps.

(2) Facility designated by the Oregon Health Authority (OHA): A hospital or secure non-hospital facility designated by OHA to provide evaluation and treatment services for offenders under the age of 18.

(3) Hearing Officer: An independent decision maker designated to conduct an administrative commitment hearing for an offender.

(4) Mentally Ill offender: An offender who, because of a mental disorder or a severe emotional disorder, is one or more of the following:

(a) Dangerous to self or others;

(b) Is unable to provide for basic personal needs and is not receiving such psychiatric care as is necessary for health or safety;

(c) An offender, who unless treated, will continue to a reasonable medical probability, to physically or mentally deteriorate so that the offender will become a person described under either or both subparagraph (a) or (b) above.

(5) Offender: A person placed in an OYA close custody facility, including inmates in the legal custody of the Department of Corrections (DOC).

(6) State Mental Hospital: As defined in ORS 426.010. Except as otherwise ordered by the OHA pursuant to ORS 179.325, the Oregon State Hospitals in Salem, Marion County, and Portland, Multnomah County, and the Blue Mountain Recovery Center in Pendleton, Umatilla County, will be used as state hospitals for the care and treatment of mentally ill offenders age 18 and over who are transferred by the OYA pursuant to these rules.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 179.471, 179.473, 179.478, 420.500, 520.505 & 420.525
OYA 8-2020, minor correction filed 05/01/2020, effective 05/01/2020
OYA 27-2005, f. & cert. ef. 11-22-05
OYA 16-2005(Temp), f. & cert. ef. 7-14-05 thru 1-7-06

Or. Admin. R. 416-425-0020 Procedures for Transfer

(1) The OYA close custody facility Superintendent, the Director of the OYA, or the Director’s designee may request that the superintendent of a state mental hospital or a facility designated by OHA for evaluation and treatment accept a transfer of a mentally ill offender to a state mental hospital or facility designated by OHA.

(2) If the superintendent of the state mental hospital or facility designated by OHA approves a transfer request made under paragraph (1) of this subsection, the offender will be transferred.

(3) An offender may be transferred to a state mental hospital or a facility designated by OHA for stabilization and evaluation for mental health treatment for a period not to exceed 30 days unless the transfer is extended with offender consent or following an administrative commitment hearing pursuant to paragraph (4) of this subsection.

(4) Administrative commitments for offenders in the legal custody of the DOC and in the physical custody of the OYA will be accomplished through a hearing conducted by an OYA hearing officer in accordance with these rules. DOC offenders in OYA physical custody requiring mental health evaluation and treatment will be transferred directly from an OYA facility to a state mental hospital listed in ORS 426.010 or a hospital or facility designated by OHA and returned directly to the OYA facility.

(5) The OHA will provide for an administrative commitment hearing conducted by a hearing officer employed or under contract with the OYA for administrative commitment or extension of the transfer of the offender if:

(a) The OHA determines that administrative commitment for treatment for a mental illness is necessary or advisable or that OHA needs more than 30 days to stabilize or evaluate the offender; and

(b) The offender does not consent to the administrative commitment or an extension of the transfer.

(6) The administrative commitment hearing process will, at a minimum, include the following procedures:

(a) Not less than 24 hours before the administrative commitment hearing is scheduled to occur, the hearing officer will provide written notice of the hearing to the offender and the offender’s parent/guardian if the offender is less than 18 years of age.

(b) The notice will include the following information:

(A) A statement that an administrative commitment to a state mental hospital listed in ORS 426.010 or a facility designated by OHA, or an extension of the transfer, is begin considered.

(B) A concise statement of the reason for administrative commitment or extension of the transfer.

(D) The time and place of the hearing.

(E) Notice that the purpose of the administrative commitment hearing is to determine whether there is clear and convincing evidence that the offender is a mentally ill person as defined in ORS 426.005 such that administrative commitment or an extension of the transfer is warranted.

(F) The names of persons who have given information relevant to of the administrative commitment or extension of the transfer, and the offender’s right to have these persons present at the administrative commitment hearing for the purposes of confrontation and cross-examination.

(G) The offender’s right to admit or deny the allegations and present letters, documents, affidavits, or persons with relevant information at the administrative hearing in support of his/her defense or contentions, subject to the exclusions and restrictions provided in these rules.

(H) The offender’s right to be represented by an attorney at his/her own expense. Assistance by a qualified and independent person approved by the hearing officer will be ordered upon a finding that assistance is necessary based upon the offender’s financial inability to provide an assistant, language barriers, or competence and capacity of an offender to prepare a defense, to understand the proceedings, or to understand the rights available to him or her. An offender subject to an administrative commitment hearing may not receive assistance from another offender.

(i) A copy of this rule.

(c) The administrative commitment hearing will be held no more than five (5) days from the date of the written notice of the hearing.

(A) Prior to the commencement of the administrative commitment hearing, the hearing officer will furnish the offender a written explanation of the proceedings.

(B) The administrative commitment hearing will be conducted by a hearing officer employed or under contract with the OYA. The hearing officer will not have participated in any previous way in the assessment process.

(C) At the administrative commitment hearing, the offender will have an opportunity to be heard in person and through his/her attorney or independent assistant, if any.

(e) The administrative commitment hearing will be conducted in the following manner.

(A) Statement and evidence of the OHA in support of the action.

(B) Statement and evidence of the offender.

(C) Questioning, examination, or cross-examination of witnesses, unless in the opinion of the hearing officer an informant or witness would be subjected to risk of harm if his/her identity is disclosed.

(i) The offender’s attorney or assistant, if any, may cross-examine witnesses, unless the hearing officer determines that it is necessary to deny cross-examination to preserve the anonymity of the witness.

(ii) If the offender has no attorney, the OYA Superintendent or designee will, if he/she has not already done so, appoint a qualified and independent person not directly involved with the offender, to cross-examine the witness for the offender. The hearing may be recessed if necessary for this purpose.

(D) The administrative commitment hearing may be continued with recesses as determined by the hearing officer.

(E) The hearing officer may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious or immaterial evidence.

(F) The burden of presenting evidence to support a fact or position rests on the proponent of that fact or position. An offender may be administratively committed or the transfer extended only if the hearing officer finds by clear and convincing evidence that the offender is a mentally ill person as defined in ORS 426.005.

(G) Exhibits will be marked and the markings will identify the person offering the exhibit. The exhibits will be preserved by the OYA as part of the record of the proceedings.

(H) Evidentiary rules are as follows.

(i) Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs is admissible.

(ii) Irrelevant, immaterial, or unduly repetitious evidence will be excluded.

(iii) All offered evidence, not objected to, will be received by the hearing officer subject to his/her power to exclude irrelevant, immaterial, or unduly repetitious evidence.

(iv) Evidence objected to may be received by the hearing officer with rulings on its admissibility or exclusion to be made at the hearing or at the time a final order is issued.

(I) All testimony will be given under oath.

(J) The hearing officer may discontinue the commitment proceedings at any time and may return the offender to the OYA facility.

(7) The hearing officer will make a written summary of what occurs at the hearing, including the response of the offender and the substance of the documents or evidence given in support of administrative commitment.

(a) A mechanical recording of all oral testimony and presentations will be made. This tape may be reviewed by the hearing officer before any findings are determined, or in the event of a judicial review.

(b) Tapes will be kept at least 120 days after the final order is issued.

(8) The hearing officer will issue a written proposed order that contains:

(a) Rulings on admissibility of offered evidence and other matters;

(b) Findings of fact (each ultimate fact as determined by the hearing officer based on the evidence before it); and

(A) No Justification: The hearing officer may find that the evidence does not support placement in a state mental hospital listed in ORS 426.010 or a hospital or facility designated by OHA, in which case the hearing officer will recommend that the offender return to his or her former status with all rights and privileges of that status. The hearing record will be processed with final action subject to review by the Director of OHA or designee. The findings must be on the merits. Technical or clerical errors in the writing or processing of the transfer request, or both, will not be grounds for a no justification finding, unless there is substantial prejudice to the offender.

(B) Justification: The hearing officer may find the evidence supports the offender’s placement in a state mental hospital listed in ORS 426.010 or a hospital or facility designated by OHA, in which case the hearing officer will so inform the offender and recommend that the offender’s administrative commitment exceed 30 days. The hearing record will be processed with final action subject to review by the Director of OHA or designee. An offender’s administrative commitment to a state mental hospital will not exceed 180 days unless the commitment is renewed in a subsequent administrative hearing in accordance with these rules.

(9) Hearing Record:

(a) Upon completion of a hearing, the hearing officer will prepare and cause to be delivered to the Director of OHA or designee a hearing record within three (3) days from the date of the hearing.

(b) The hearing record will include:

(A) Examination reports

(B) Notice of hearing and rights;

(D) Supporting material(s); and

(E) Findings of Fact, Conclusions, and Recommendation of the hearing officer.

(10) The results of any hearing held to place an offender in a state mental hospital for administrative commitment will be reviewed and approved by the Director of OHA or designee. The Director of OHA or designee will review the Findings-of-Fact, Conclusions, and Recommendation of the hearing officer, in terms of the following factors:

(a) Was there substantial compliance with this rule;

(b) Was the decision based on substantial information; and

(11) Within three (3) days of the receipt of the hearing officer’s report, the Director of OHA or designee will enter an order, which may:

(a) Affirm the recommendation;

(b) Modify the recommendation;

(d) Reopen the hearing for the introduction and consideration of additional evidence.

(12) When the Director of OHA or designee takes action to modify or reverse, he or she must state the reason(s) in writing and immediately notify the offender, hearing officer, and the Superintendent of the sending OYA facility.

(13) When the Director of OHA or designee reopens the hearing under this rule, the hearing officer will, pursuant to these rules, conduct the reopened hearing and prepare an amended hearing record within three (3) days of the reopened hearing. The Director of OHA or designee will review the hearing officer’s recommendation and enter an amended order, which may affirm, modify, or reverse the hearing officer’s recommendation.

(14) Extension of Transfer: If OHA determines that the administrative commitment must exceed 180 days in order to stabilize the offender; the administrative commitment must be renewed in a subsequent administrative commitment hearing held in accordance with these rules.

(15) Notwithstanding this rule, an administrative commitment may not continue beyond the term of legal custody to which the offender was sentenced.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 179.471, 179.473, 179.478, 420.500, 520.505 & 420.525
OYA 9-2020, minor correction filed 05/01/2020, effective 05/01/2020
OYA 27-2005, f. & cert. ef. 11-22-05
OYA 16-2005(Temp), f. & cert. ef. 7-14-05 thru 1-7-06

Division 430 Sensitive Case Descriptors

Or. Admin. R. 416-430-0000 Purpose

(1) Certain types of youth in custody behavior exhibited prior to or following placement in OYA custody are identified as sensitive and cause a sensitive case descriptor to be attached to a case file. This rule defines the process by which such descriptor will be attached and removed from a case file.

(2) These rules apply to all youth in custody who are committed to the legal or physical custody of OYA, and placed in OYA facilities or under OYA supervision on parole/probation status in the community.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125
OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 21-2005, f. & cert. ef. 9-19-05
OYA 15-2002, f. & cert. ef. 10-11-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-430-0010 Reason for Descriptors

(1) The purpose of the descriptor is to alert staff to unique situations that can affect the following areas of case management and program planning:

(a) Safety, security, and order of facilities and communities. Awareness of unique situations ensure that staff fully consider placement options (both in the facility living unit, and in the community), ensuring that safety, security, and order of facilities and communities are maintained;

(b) Youth in custody treatment opportunities. Collection of accurate and consistent information will prompt appropriate assessment to identify unique treatment needs where they exist. Such information notifies staff to link youth in custody with available programming and spurs the development of new programs to meet youth in custody needs;

(c) Transition planning for youth in custody: The case descriptor will cue staff to consider specific community services available to support the unique needs of the youth in custody;

(d) Effective networking with stakeholders: The case descriptor will ensure that pertinent and accurate information is passed along to stakeholders when youth in custody transition in and out of OYA system, and in response to requests for information from stakeholders; and

(e) Agency planning. Accurate definition of populations served by OYA is necessary to present statistical reports in support of current and future programming.

(2) In its policy, OYA will identify and define each case descriptor that staff may use for this purpose.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125
OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 21-2005, f. & cert. ef. 9-19-05
OYA 15-2002, f. & cert. ef. 10-11-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-430-0020 Application of Descriptors

(1) Staff will recommend the application of a descriptor in a written report designed for that purpose, and include information that meets the descriptor criteria, as detailed in OYA policy. This information may be derived from a variety of sources, including but not limited to: the youth in custody case file, youth in custody self-reports, or information provided by other agencies.

(2) A recommendation cannot be approved unless there is clear and convincing evidence that the descriptor should be applied.

(3) Staff will notify the youth in custody when a descriptor is attached to the case file. The date and manner by which the notification was provided will be noted in the youth in custody case file.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125
OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 21-2005, f. & cert. ef. 9-19-05
OYA 15-2002, f. & cert. ef. 10-11-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-430-0025 Review of Descriptors

(1) The descriptor will be reviewed whenever a youth in custody transfers to a different placement setting or when new information is received that causes OYA to consider applying or removing it.

(2) Discussion of the descriptor will be included in the usual case planning or review process.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125
OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 21-2005, f. & cert. ef. 9-19-05
OYA 15-2002, f. & cert. ef. 10-11-02

Or. Admin. R. 416-430-0030 Removal of Descriptors

(1) In the event a descriptor is improperly applied or when information is received that indicates the descriptor is not needed, a written request will be made to remove it. This request will state the reason the descriptor does not apply to the case.

(2) OYA will notify the youth in custody when a descriptor is removed.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125
OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 21-2005, f. & cert. ef. 9-19-05
OYA 15-2002, f. & cert. ef. 10-11-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-430-0050 Grievance

Youth in custody will be notified in writing of their right to appeal decisions of OYA, including application of a sensitive case descriptor. Such notification will include a description of the grievance process and applicable time lines, in accordance with OAR 416-020 Youth in Custody Grievance Process.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125
OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 21-2005, f. & cert. ef. 9-19-05
OYA 1-2003, f. & cert. ef. 1-16-03
OYA 15-2002, f. & cert. ef. 10-11-02

Division 435 OYA Transgender, Gender Diverse, Gender Fluid, and Intersex Youth

Or. Admin. R. 416-435-0010 Purpose

(1) OYA staff must strive to treat all youth in custody (YICs) respectfully and without harassment and discrimination with consideration of each YIC’s individual circumstances, including race, ethnicity, religious beliefs, national origin, sex, physical or mental disabilities, sexual orientation, gender identity, gender expression, or intersex status. OYA seeks to provide an inclusive, safe, and positive human development environment for all YICs in its custody.

(2) The purpose of these rules is to establish OYA standards for the identification, assessment, review, and case-by-case management of transgender, gender diverse, gender fluid, and intersex YICs.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017

Or. Admin. R. 416-435-0020 Definitions

(1) Discrimination: Any act, policy or practice that penalizes or disadvantages YICs or subjects them to harassment based on actual or perceived race, ethnicity, religious belief, national origin, sex, physical or mental disability, sexual orientation, gender identity, gender expression, or intersex status.

(2) Exigent circumstances: Any set of temporary or unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility, community program, or the community.

(3) Gender: The socially constructed roles, behaviors, activities, and attributes that a given society typically or historically assigns to men and women.

(4) Gender diverse: A person’s physical appearance and characteristics or behaviors that are different than those stereotypically associated with the person’s assigned sex at birth or traditional societal gender expectations.

(5) Gender expression: The manner in which a person expresses gender through clothing, appearance, behavior, speech, etc. Gender expression is distinct from sexual orientation and gender identity.

(6) Gender fluid: An adjective used to describe a person whose gender identity is not fixed; of or relating to a person having or expressing a fluid or unfixed gender identity.

(7) Gender identity: Refers to a person’s internal, deeply felt sense of being male, female, or non-binary; distinct from sexual orientation.

(8) Intersex: A person whose sexual or reproductive anatomy, chromosomal pattern, or hormonal presentation does not seem to fit typical definitions of male or female.

(9) OYA Sexual Orientation, Gender Identity and Expression Committee (SOGIEC): A multidisciplinary group that reviews and determines appropriate community placement, housing assignment, care, and management of YICs who identify as transgender, gender diverse, gender fluid or intersex. The committee includes at least one person with knowledge of gender issues facing transgender and intersex YICs.

(10) Transgender: A person whose gender identity is different from the person’s assigned sex at birth.

(11) Youth correction facility: A facility used for the confinement of YICs and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps, and branches of those facilities.

(12) Youth in custody (YIC): A person in the legal and physical custody of OYA either in a youth correction facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 11-2018, minor correction filed 07/03/2018, effective 07/03/2018
OYA 8-2018, minor correction filed 06/19/2018, effective 06/19/2018
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017

Or. Admin. R. 416-435-0030 Identification

(1) Designated staff must provide the opportunity for YICs to identify their sexual orientation, gender identity, and intersex status upon their commitment to OYA, and during their intake process into youth correction facilities.

(2) Designated staff must interview a YIC regarding the YIC’s gender identity, sexual orientation, or intersex status only to the degree necessary to make appropriate informed decisions on community placements, housing assignments, programming assignments; to provide health care and health assessments; and as necessary for the YIC’s health and safety, or for the safe, secure, and orderly operation of a youth correction facility.

(3) If a YIC discloses to staff that they are transgender, intersex, gender diverse, gender fluid, or not heterosexual, staff must ask the YIC to what extent the YIC wants to share the information and with whom.

(a) Staff must inform the YIC that in order to provide needed accommodations or services, the YIC’s gender identity, sexual orientation, or intersex status may be shared with other staff or service providers as needed.

(b) If a transgender, gender diverse, gender fluid, or intersex YIC requests a mental health or physical health resource due to their gender identity needs, staff must inform the YIC that the request must be made in writing by completing a specified OYA form.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017

Or. Admin. R. 416-435-0040 Placement and Housing Assignments

(1) The SOGIEC will collect and review relevant information regarding transgender, gender diverse, or intersex YICs and make decisions on a case-by-case basis regarding appropriate placement, care, and management of the YICs.

(2) After a YIC is placed in a youth correction facility, designated youth correction facility staff will determine and assign a transgender, gender diverse, gender fluid, or intersex YIC to appropriate housing within the facility unless the YIC’s housing assignment within the facility is specifically directed by the SOGIEC.

(a) Staff may not require a YIC to sleep in individual quarters or to be placed in specific housing based solely on their sexual orientation, gender identity, or intersex status.

(b) Staff may allow a YIC who reports feeling safer sleeping in an individual room to do so when a room is available for such purpose. If an individual sleeping room is not available, staff must discuss alternative safety planning with the YIC.

(3) A YIC who identifies as transgender, gender diverse, gender fluid, or intersex may not be transferred to another youth correction facility without SOGIEC approval, except during exigent circumstances. SOGIEC approval is required for the YIC’s continued placement as soon as possible after the exigent transfer.

(4) YICs who identify as transgender, gender diverse, gender fluid, or intersex may request review of their placements by the SOGIEC at any time.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 9-2018, minor correction filed 06/19/2018, effective 06/19/2018
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017

Or. Admin. R. 416-435-0050 Management of Youth who Identify as Transgender, Gender Diverse, Gender Fluid, or Intersex

(1) Searches

(a) When a YIC identifies as transgender, gender diverse, gender fluid, or intersex upon the YIC’s commitment to OYA, designated staff must ask the YIC whether the YIC prefers that a male or female staff conduct the YIC’s required physical searches.

(b) When a YIC identifies as transgender, gender diverse, gender fluid, or intersex during initial intake into a youth correction facility, designated staff must ask the YIC whether the YIC prefers that a male or female staff conduct the YIC’s required physical and visual searches.

(c) If the preferred staff gender identify is not the same as the YIC, the SOGIEC must review and approve or deny the YIC’s preference.

(d) Staff must accommodate the YIC’s stated preference, except if the SOGIEC has denied the accommodation, or during exigent circumstances.

(e) If a YIC who was not identified as transgender, gender diverse, gender fluid, or intersex upon OYA commitment or during initial intake into a youth correction facility later identifies as transgender, gender diverse, gender fluid, or intersex, staff must follow the process described in subsection (1)(a) or (b) above regarding preferred required searches.

(2) Urinalysis testing

(a) Staff must ask a transgender, gender diverse, gender fluid, or intersex YIC whether the YIC prefers that a male or female staff conduct the YIC’s urine collection process when a urine sample is required for substance use testing.

(b) If the preferred staff’s gender identity is not the same as the YIC, the SOGIEC must review and approve or deny the YIC’s preference.

(c) Staff must accommodate the YIC’s stated preference, except during exigent circumstances, when a preferred staff is not available, or the SOGIEC has denied the accommodation.

(3) Bathrooms and showers in youth correction facilities

(a) Staff must provide transgender, gender diverse, gender fluid, and intersex YICs the opportunity to shower and dress or undress separately from other YICs.

(b) Staff must not require YICs to shower separately, dress or undress separately, or use different bathrooms based solely on actual or perceived gender identity or sexual orientation.

(c) Staff must discuss safety planning with YICs who report safety concerns with using bathrooms or showers designated for all-YIC use.

(4) Clothing, grooming, and personal items

(a) Staff may respond to requests by transgender, gender diverse, gender fluid, and intersex YICs for clothing, undergarments, grooming items, and other personal items that are consistent with the YIC’s gender identity, or may forward such requests to the SOGIEC for consideration. Generally acceptable items include underclothes of the YIC’s identified gender, gaffs, compression underwear, chest binders, and stand-to-pee or packer devices.

(b) Each request must be considered and evaluated on a case-by-case basis.

(c) In responding to such requests, staff or the SOGIEC, as appropriate, must consider the YIC’s individual circumstances, including but not limited to the YIC’s gender identification, gender expression, behavior and programming needs, safety, mental health, and medical needs and diagnosis.

(d) In responding to such requests of YICs placed in youth correction facilities, facility staff or the SOGIEC, as appropriate, must also consider the safety and security of the facility, staff, and other YICs.

(e) Any clothing, grooming items or other personal items provided to YICs in youth correction facilities following approval of such a request must be consistent with:

(A) Agency rules and policies pertaining to male or female programs; and

(B) The YIC’s reformation plan.

(5) Preferred name and pronouns

(a) Staff must use a transgender, gender diverse, gender fluid, or intersex YIC’s consistently-preferred name and pronouns when referring to the YIC.

(b) Notwithstanding subsection 5(a) above, staff must use the YIC’s legal name under these circumstances:

(A) When requested by the YIC; and

(B) In all written records including court documents, medical records, clinical or other service referrals, and demographical entries in the Juvenile Justice Information System (JJIS).

(6) The SOGIEC may collaborate with a transgender, gender diverse, gender fluid, or intersex YIC’s treatment team to address other requests or questions raised by the YIC, using the method and criteria set forth in section (4) above.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 10-2018, minor correction filed 06/19/2018, effective 06/19/2018
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017

Division 440 Youth in Custody Mail

Or. Admin. R. 416-440-0005 Purpose

(1) The purpose of these rules is to establish and define youth in custody (YIC) mail privileges in a manner that is consistent with the Oregon Youth Authority’s (OYA) discharge of its statutory responsibilities and its multi-faceted mission to maintain public safety, to hold YICs accountable, and to provide treatment and reformation services.

(2) It is the policy of OYA that its rules and policies governing the management and operation of its facilities apply to all youth in custody confined in those facilities, including but not limited to youth in custody who have been convicted and sentenced as adults and transferred to OYA physical custody.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.025, 419C.478, 420A.015, 420.011, 420.014, 420A.025 & 420A.105
OYA 5-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 17-2005, f. & cert. ef. 7-29-05

Or. Admin. R. 416-440-0015 Definitions

(1) Immediate Family Member: Legal spouse, domestic partner, parent, guardian, sibling, child, aunt, uncle, grandchildren and grandparents, including foster, in-law, and step relationships. Immediate family also includes the caregiver of the YIC’s minor child(ren).

(2) Inspection: To examine or view, including reading or photocopying.

(3) Prohibited mail: Any material that threatens or is detrimental to the general public, or facility/program security, safety, or order, including but not limited to:

(a) Mail that contains escape plans, plans to commit a criminal act or to violate facility rules, or mail that constitutes a crime in or of itself or is used in the furtherance of illegal activity;

(b) Sexually explicit material which by its nature or content poses a threat or is detrimental to the security, safety, or order of the facility or program, or facilitates criminal activity;

(d) Incoming mail to a confined OYA YIC from a person confined in a correctional, penal, or detention institution, unless prior written authorization is received from the superintendent/camp director or designee;

(e) Mail to or from identified victims, including through third parties, unless prior written authorization is received from the superintendent/camp director or designee;

(f) Contraband items, including but not limited to weapons or explosives, medications, electronic items, negotiable instruments, money, or photographs with chemical substances on the back of the photograph;

(g) Unauthorized business transactions, such as promotions given in exchange for purchase or subscription, audio or book clubs, requests or applications for credit cards, credit or deferred billing transactions;

(h) Publications deemed contraband, detrimental to a YIC’s reformation, or publications sent other than directly from a publisher or commercial distributor; and

(i) Attachments or enclosures that are glued, taped or otherwise affixed to the envelope, package, or its contents.

(4) Youth in custody (YIC): A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

(5) YIC correspondence: Correspondence and packages designated official or personal.

(a) Official correspondence is mail sent to or received from officials of the Oregon Youth Authority, any confining or community supervising authority, the Governor, the Secretary of State, any state or federal legislator, administrators of grievance systems, foreign embassy consulates, attorneys, courts, court officials, or any agency that provides legal services to a YIC, including legal aid offices.

(b) Personal correspondence is all other mail.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.025, 419C.478, 420A.015, 420.011, 420.014, 420A.025 & 420A.105
OYA 5-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 3-2009, f. 7-21-09, cert. ef. 7-27-09
OYA 17-2005, f. & cert. ef. 7-29-05

Or. Admin. R. 416-440-0020 Youth in Custody Mail

(1) OYA realizes it is important for YICs in its custody to maintain ties with the community through written correspondence with community members, family, and friends. Within the administration of its facilities and programs, OYA seeks to balance the positive effects of community contact with the responsibilities and values of the agency's mission.

(2) All incoming and outgoing mail is subject to inspection.

(3) A YIC's right to send and receive mail will be protected unless the correspondence threatens the preservation of order, security, or discipline of a facility/program; poses a threat to the safety of the program, public officials, or the general public; is being used to further illegal activities; or at the court's direction.

(4) YIC correspondence is designated official or personal.

(5) OYA will provide the equivalent of three stamps per week for YICs who have no financial resources to maintain ties to the community, including letters to family, friends, or other persons who are involved in the YIC's life. Otherwise, no limits will be placed on the amount of business or personal correspondence a YIC sends or receives.

(6) Personal mail may be inspected for contraband. Official mail will remain sealed but may be opened and inspected for contraband in the presence of the YIC. Contraband items will be removed and documented. Appropriate contents will be delivered to the YIC or recipient.

(7) All mail will:

(a) Be placed in an envelope or appropriate packaging acceptable by the official mail carrier;

(b) Include a sending and return address on the envelope or package;

(d) Be sent via the U.S. Postal Service or other official mail carriers, such as Federal Express, United Parcel Service, or the state shuttle.

(A) Official correspondence may be sent using U.S. postage and official carrier, or without postage using the facility's internal delivery system or state shuttle mail system, depending upon the intended recipient.

(B) Personal correspondence must be sent via the U.S. Postal Service or other official mail carrier. It is not appropriate to use the state shuttle mail system to send personal correspondence.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 419C.478, 420A.015, 420.011, 420.014, 420A.025 & 420A.105
OYA 5-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 3-2009, f. 7-21-09, cert. ef. 7-27-09
OYA 17-2005, f. & cert. ef. 7-29-05
OYA 11-2002, f. & cert. ef. 5-17-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-440-0035 Prohibited Mail

(1) If mail is prohibited, it may be rejected by OYA staff.

(a) For YICs placed in OYA facilities, only the superintendent/camp director, or specific designee, may reject a YIC’s mail.

(b) For YICs placed under supervision in the community, only the local supervisor, or specific designee, may reject a YIC’s mail.

(2) A confined OYA YIC may be permitted to correspond with a person confined in another correctional, penal, or detention institution if the YIC and person are immediate family members or their correspondence is deemed to have an integral role in the YIC’s reformation.

(a) Confined person mail must be inspected by designated staff;

(b) The superintendent/camp director or designee must approve of the confined person correspondence prior to its occurrence. When one of the confined persons is not in OYA custody, the equivalent of the superintendent/warden of that institution must also approve of the confined person’s correspondence.

(3) Both the sender and intended recipient will be notified when mail is rejected. The sender and intended recipient will be informed of a mail rejection appeal process.

(4) When a YIC transfers and an address is available, all letters and packages will be promptly forwarded, unopened to the YIC. If no address is available, the mail will be marked “Not at this address” and returned, unopened, to the U.S. Postal Service or other official mail carrier.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 419C.478, 420A.015, 420.011, 420.014, 420A.025 & 420A.105
OYA 5-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 3-2009, f. 7-21-09, cert. ef. 7-27-09
OYA 17-2005, f. & cert. ef. 7-29-05

Division 450 Volunteer Services

Or. Admin. R. 416-450-0000 Purpose

OYA will use volunteer services to enhance programs and expand services in its close-custody facilities, substitute care placements, and offices, as defined by these rules.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 4-2012, f. & cert. ef. 4-3-12
OYA 9-2004, f. & cert. ef. 7-30-04
OYA 13-2002, f. & cert. ef. 8-26-02
OYA 2-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-450-0010 Definitions

(1) Close-custody facility: Any OYA facility, including but not limited to youth correctional facilities, work/study camps, and transition camps.

(2) Mentor program agency: Agency responsible for the recruitment, supervision, and training of its volunteer mentors.

(3) Office: Any parole/probation office (field office) or administrative office operated by OYA.

(4) OYA Volunteer Coordinator: An OYA staff member assigned to coordinate the agency's volunteer services program.

(5) Site Volunteer Coordinator: A person assigned to coordinate volunteer services for a specific OYA office or close-custody facility.

(6) Substitute care: Out-of-home residential placement in the community that provides 24-hour-a-day care and treatment, excluding a relative's home. Such placements include, but are not limited to, foster care and contracted residential treatment programs.

(7) Volunteers: Persons who on an unpaid basis provide services to OYA, including:

(a) Mentors: Mature, trustworthy and experienced persons who encourage a youth in custody’s personal growth, offer supportive friendships, act as positive role models and promote a constructive attitude and law-abiding behavior;

(b) Work Readiness Coaches: Persons who teach particular skills/tasks related to employment, or provide practical work experience;

(c) Students or Interns: Persons enrolled in a college- or university-sanctioned program who earn college credit for their activities;

(d) Tutors: Persons who work with individual youth in custody to improve the youth in custody's academic performance; and

(e) Religious Services Assistants: Persons who assist with religious programming or services.

(8) Youth in custody: A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2012, f. & cert. ef. 4-3-12
OYA 9-2004, f. & cert. ef. 7-30-04
OYA 13-2002, f. & cert. ef. 8-26-02
OYA 2-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-450-0020 Exclusions

The following individuals are not considered volunteers, and are therefore excluded from these rules:

(1) Individuals under contract to OYA;

(2) Individuals on official business, such as an attorney for a youth in custody;

(3) Individuals who provide services through an on-site school and are screened, trained, and supervised by school district personnel; and

(4) Guests invited to an OYA facility on a one-time basis for a special program. Such guests are not allowed contact with youth in custody out of the sight and hearing of OYA staff.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2012, f. & cert. ef. 4-3-12
OYA 2-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-450-0030 Volunteer Coordinator and Site Volunteer Coordinators

(1) The OYA Volunteer Coordinator must:

(a) Maintain an agencywide volunteer database of all OYA volunteers and their service status;

(b) Manage an agency volunteer services communication and recruitment plan;

(d) Oversee retention of all inactive volunteer records;

(e) Administer a volunteer recognition program; and

(f) Coordinate volunteer applicant criminal records checks.

(2) Each OYA close-custody facility and office will assign a Site Volunteer Coordinator who is responsible for coordinating volunteer activities on that site.

(3) The Site Volunteer Coordinator will maintain a system of recording information about volunteers including but not limited to:

(a) Personal information, including references and criminal records clearance;

(b) Assignment orientation documentation; and

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 4-2012, f. & cert. ef. 4-3-12
OYA 13-2002, f. & cert. ef. 8-26-02
OYA 2-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-450-0040 Application Process

(1) Volunteers will be recruited from all ethnic, cultural, and socio-economic segments of the community.

(2) All volunteers must be screened and approved by OYA prior to providing service. OYA holds the ultimate authority to approve or deny a volunteer application or continue volunteer service.

(a) Applications received from persons working within the juvenile justice system will be reviewed by OYA for possible conflicts of interest.

(b) Applications received from OYA employees will be reviewed by the OYA Human Resources Office for possible conflicts of interest.

(c) Persons may not serve as volunteers in a facility in which a relative or family friend is detained, unless an exception is granted by OYA.

(3) All prospective volunteers must:

(a) Be age 21 or older;

(A) Exceptions may be made for students age 18 or older who are required to participate in such volunteer experience to gain a college certificate or diploma or professional licensing.

(B) Exceptions may be granted for applicants age 18 or older whose volunteer service duties will not allow direct contact with youth in custody out of sight or hearing of OYA staff.

(b) Complete an OYA volunteer service application;

(c) Provide criminal offender information in the manner prescribed by these rules and OAR chapter 416, division 800, including an annual review of the person's criminal record;

(d) Complete the appropriate OYA orientation, as defined by the Volunteer Coordinator; and

(e) Be reviewed annually to ensure continued compliance with approval criteria, service performance, and need for continued service.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2012, f. & cert. ef. 4-3-12
OYA 9-2004, f. & cert. ef. 7-30-04
OYA 2-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-450-0050 Criminal Records Check

(1) The fitness standards of OAR chapter 416, division 800 apply.

(2) OYA must conduct a criminal records check of all persons seeking or granted volunteer status, as follows:

(a) Computerized record reviews of volunteer applicants at the time of application.

(b) Finger-print based record reviews at the time of application of applicants who may have limited-supervised or unsupervised contact with youth in custody. These applicants may provide limited volunteer services on a preliminary basis after a computerized criminal record review pending a final fitness determination according to OAR 416-800-0041.

(c) All volunteers must submit to a computerized criminal records check at the time of the annual service evaluation. Volunteer status will be terminated if the results of these criminal records checks do not meet the fitness standards defined in OAR chapter 416, division 800.

(3) Site Volunteer Coordinators will notify all prospective and current volunteers of these requirements. If a person refuses to consent to a criminal records check, the person will be disqualified or terminated from volunteer service.

(4) Volunteers must immediately notify OYA of all criminal arrests, and unlawful uses of alcohol or drugs.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420A.021
OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2012, f. & cert. ef. 4-3-12
OYA 9-2004, f. & cert. ef. 7-30-04
OYA 2-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-450-0060 Orientation and Responsibilities

(1) OYA may place restrictions on volunteer service to ensure safety and security of persons and facilities.

(2) The OYA Volunteer Coordinator will ensure that an orientation is provided to each volunteer. The orientation must include, at a minimum, the following:

(a) Safety and security procedures;

(b) Fire safety and emergency evacuation plan;

(d) Name of OYA staff responsible to work with the volunteer and monitor duties, and the line of authority in the close-custody facility or office;

(e) List of primary rules, policies and protocols associated with the services provided, including, at a minimum, the agency mission, confidentiality, youth in custody rights, and appropriate relationship boundaries;

(f) OYA expectations of the volunteer if the volunteer becomes aware of actual, suspected, or alleged abuse of or by a youth in custody;

(g) Time and place to report for duty and who to contact when unable to report for duty; and

(h) Tour of relevant areas of the close-custody facility, office or community where the volunteer will serve.

(3) All volunteers are responsible for following OYA rules, policies and protocols.

(4) Volunteers may not perform professional services requiring certification or licensing unless active credentials or certificates are available and on file in the volunteer's record.

(5) Volunteers must maintain a professional relationship with youth in custody.

(6) A volunteer may be terminated at any time for violation of OYA rules, policies, or protocols, or when there is no longer a need for the volunteer's services.

(7) Volunteers whose applications are denied or who are terminated as a result of performance of duty may not serve at another close-custody facility.

(8) Exceptions to any of the standards listed in this rule must be approved using a process defined in OYA policy.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: 420A.010
OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2012, f. & cert. ef. 4-3-12
OYA 9-2004, f. & cert. ef. 7-30-04
OYA 13-2002, f. & cert. ef. 8-26-02
OYA 2-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-450-0070 Mentor Program

(1) Service delivery may be coordinated by a mentor program agency and provided by volunteer mentors who interact regularly with a youth in custody in a one-to-one relationship. Mentor agencies use a case management approach, with follow through on each case from initial inquiry through closure. The mentor program case manager screens applicants, makes and supervises the matches, and closes the matches when eligibility requirements are no longer met or either party decides they can no longer participate fully in the relationship.

(2) Volunteer mentor screening must include a written application, a criminal records check, and an extensive interview.

(3) Youth in custody assessment must involve a written application and interviews with the youth in custody, the youth in custody's juvenile parole/probation officer (JPPO), and the substitute care provider if the youth in custody is in substitute care.

(4) Matches must be carefully considered and based on the needs of the youth in custody; abilities of volunteer mentors; OYA and the substitute care provider preferences; and the capacity of program staff.

(5) The JPPO, volunteer mentor, and youth in custody must initially meet to ensure the match is appropriate and clarify OYA expectations.

(6) JPPO supervision must be through regular contact with the volunteer mentor, youth in custody, and substitute care provider when appropriate; monthly telephone contact with the volunteer mentor, substitute care provider, or youth in custody during the first year; and quarterly contact with all parties during the duration of the match.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: 420A.010
OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2012, f. & cert. ef. 4-3-12
OYA 9-2004, f. & cert. ef. 7-30-04

Division 470 Youth in Custody Prohibited Behaviors and Processing Behavior Violations

Or. Admin. R. 416-470-0000 Policy

(1) Youth in custody (YIC) responsibilities while in an Oregon Youth Authority (OYA) facility include completion of school, treatment, and work program goals; compliance with the facility behavior rules; and achievement of other program goals set in each YIC’s individual case plan.

(2) OYA has a YIC behavior management system to promote responsible YIC behavior. The behavior management system must provide incentives and reinforcement for responsible behavior and consistent Accountability Options for negative behavior.

(3) The rules in OAR chapter 416, division 470 apply to all OYA close-custody facilities.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108
OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025
OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 3-2018, minor correction filed 04/09/2018, effective 04/09/2018
OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-470-0010 Definitions

(1) Accountability Option: An authorized response to, or sanction imposed for, a YIC’s inappropriate behavior.

(2) Major Behavior Violation: YIC behavior that is prohibited and unacceptable within the facility or program and is immediately threatening to life, health, or facility safety, security or good order.

(3) Minor Behavior Violation: YIC behavior that is prohibited and unacceptable within the facility or program but is not immediately threatening to life, health, or facility safety, security or good order.

(4) Safety Program: An intensive, YIC-specific, time-limited intervention that modifies a YIC’s activities to focus on developing the YIC’s emotion regulation and problem-solving skills.

(5) Youth in custody (YIC): A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108
OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025
OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 13-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 8-2016, f. & cert. ef. 10-3-16
DMAP 58-2016, f. 9-30-16, cert. ef. 10-1-16
OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-470-0020 Prohibited Behaviors and Accountability Options

(1) Prohibited YIC behaviors and appropriate Accountability Options are listed on a Youth in Custody Behavior Accountability Option Matrix (Exhibit 1). The Accountability Options imposed must reflect the severity and frequency of the prohibited behavior.

(a) Levels Zero, One, and Two YIC prohibited behaviors listed on the Youth in Custody Behavior Accountability Option Matrix are Major Behavior Violations.

(b) Level Three YIC Prohibited Behaviors listed on the Youth in Custody Behavior Accountability Option Matrix are Minor Behavior Violations.

(2) Aiding another YIC to commit, attempting to commit, or making plans to commit any prohibited YIC behavior is considered the same as engaging in the behavior itself for purposes of imposing Accountability Options.

(3) Any deviation from the Accountability Options for Major Behavior Violations listed on the Youth in Custody Behavior Accountability Option Matrix must be reasonable, authorized by the superintendent, camp director, or designee, and documented in writing.

(4) The Youth in Custody Behavior Accountability Option Matrix must be given to each YIC upon initial admission into a youth correction facility. When a literacy or language barrier prevents a YIC from understanding the written document, a staff member or interpreter will assist the YIC in understanding.

(5) A current Youth in Custody Behavior Accountability Option Matrix must be posted in each OYA facility living unit.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108
OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025
OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 13-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 8-2016, f. & cert. ef. 10-3-16
OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-470-0030 Behavior Violation Incident Reports

(1) Staff must promptly prepare an incident report when they have reasonable belief that a YIC has committed a Major Behavior Violation.

(2) Staff may resolve Minor Behavior Violations informally without preparing an incident report.

(3) Incident reports prepared by staff must include, but are not limited to, the following information:

(a) The specific prohibited behavior committed;

(b) Any unusual YIC behavior;

(d) Any physical evidence and its disposition;

(e) Any immediate action taken, including the use of physical intervention;

(f) Any injury to a YIC or staff;

(g) Any Accountability Option used; and

(h) The reporting staff’s name, date, and time of the report.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108
OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025
OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-470-0040 Behavior Violation Incident Review

A review must occur after an incident report is written alleging that a YIC has committed a Major Behavior Violation.

(1) The superintendent, camp director, or designee must review a behavior violation incident report within 24 hours, excluding weekends and holidays, of the time the violation report is written. The review must be completed without unreasonable delay unless there are exceptional circumstances for delaying the review.

(2) The reviewer must be a staff member who was not involved in the incident.

(3) The reviewer may investigate or cause an investigation of the related incident if, in the reviewer’s opinion, the Accountability Option appears excessive or inappropriate, or to clarify reported facts.

(4) Administrative notifications of the related incident must be made according to OYA policy and procedure.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108
OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025
OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-470-0050 Youth in Custody Notification and Grievance Process

(1) In addition to OAR 416-470-0020(4), staff must notify each YIC in writing promptly after the YIC’s initial arrival at an OYA facility of the following:

(a) The YIC’s rights and responsibilities;

(b) The process to access the OYA reporting line; and

(2) A YIC may appeal any Accountability Option imposed on the YIC, or incident report, through the YIC grievance process described in OAR 416, division 20.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108
OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025
OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 8-2016, f. & cert. ef. 10-3-16
OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 480 Youth in Custody Religious Practice in Facilities

Or. Admin. R. 416-480-0000 Purpose

(1) The provisions of these rules will be applied to youth in custody who are placed in OYA facilities. “Youth in custody” means a person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

(2) Federal laws allow all persons to hold individual religious beliefs. Youth in custody maintain this same right. While OYA will make every reasonable effort to allow youth in custody to practice the religion of their choice, OYA may restrict religious practice when:

(a) There is a compelling interest to do so, including but not limited to legitimate security and operational considerations such as safety, health and order; rehabilitation or treatment-related issues; or limitations of resources; and

(b) The imposed limitation is the least restrictive means of addressing the compelling interest.

(3) OYA will apply the standards of these rules, and resulting policy and procedures, to all faiths to ensure that:

(a) Youth in custody have reasonable opportunity for religious practice, unless a compelling reason exists to limit such practice;

(b) Religious activities are provided in an orderly fashion through supervision by facility staff, contracted providers, or approved religious volunteers;

(c) Religious programs encourage and foster understanding and respect for the diversity of religious beliefs and practices; and

(d) Religious programs and practices, or any imposed limitations, are consistent with relevant provisions of federal and state regulations.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.108
OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2006, f. & cert. ef. 2-17-06
OYA 4-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-480-0010 Religious Program Coordinator

Each OYA facility will designate a Religious Program Coordinator who coordinates religious activities within the facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.108
OYA 4-2006, f. & cert. ef. 2-17-06
OYA 4-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-480-0020 Religious Practice

(1) OYA will provide youth in custody the opportunity for reasonable access to religious practice that includes, but is not limited to:

(a) Regular religious services and ceremonies, including access to religious items; and

(b) Special ceremonies, holiday services, sacraments, and expression including, but not limited to:

(A) Religious requirements relating to head or facial hair consistent with the facility rules on hygiene and grooming;

(B) Wearing or carrying a religious emblem, medal, medallion or other religious item (e.g., medicine pouch, religious medal, rosary, prayer feather);

(D) Individual and group pastoral counseling (in a native language where possible);

(E) Religious or spiritual group meetings;

(F) Religious moral instruction; and

(G) Dietary accommodations, including dietary restrictions or special handling of food.

(2) A youth in custody assigned to isolation will be provided the opportunity to practice religion but may not be permitted to participate in group activities, special ceremonies, or other practices that affect safety or security.

(3) Each OYA facility will notify youth in custody of the schedule of religious activities. When possible, the facility will accommodate individual religious practice, including practices that call for particular times or calendar of lunar dates.

(4) Tobacco products or alcohol are not permitted within OYA facilities. Exceptions may be requested from the OYA director.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.108
OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2006, f. & cert. ef. 2-17-06
OYA 4-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-480-0030 Religious Volunteers

Persons in the community who represent a particular faith or belief may be used to provide services within OYA facilities only when prior authorized by OYA. Such authorization includes, but is not limited to:

(1) Completion of the OYA volunteer application, screening, criminal history review, and training process as defined in OYA rules, policies and procedures; and

(2) Screening of the individual’s qualifications to provide religious instruction or activities, including, but not limited to:

(a) Whether the person is ordained, certified, licensed, or equivalent;

(b) Whether the person is affiliated with an established church or religion; and

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.108
OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-480-0040 Youth in Custody Requests

(1) A youth in custody desiring to participate in a religious activity that is not currently available within the facility may request to do so by submitting to the Religious Program Coordinator a completed request with the following information:

(a) The name of the religion or belief;

(b) The title of religious activity requested; and

(A) The significance of the activity in the practice of the religion;

(B) How often or under what circumstances the religious activity would be held if it were taking place in the community;

(C) Minimum time and any physical requirements within which the religious activity may take place, including those of any defined segments of the activity;

(D) Any materials that are required for the religious activity and their purpose or use, including a list of any items associated with the religious activity that the youth in custody would retain, if any;

(E) The title (if any), function, and eligibility requirements for participants in the activity; and

(F) The name, address, and phone number of a religious representative who can verify the above information.

(2) The Religious Program Coordinator will review the request and consider:

(a) The effects of the request on the safety and security of youth in custody or staff, and order of the facility;

(b) Available resources to provide the activity;

(d) Similar practices in other facilities; and

(e) Other issues specific to the request.

(3) If no religious representative is available in the facility or among the current group of religious volunteers to conduct a religious activity, the request will be denied until such time as a person becomes available to do so.

(a) The Religious Program Coordinator will seek out an individual from the community to conduct the religious activity, when necessary.

(b) Youth in custody are not permitted to lead religious programs.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.108
OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2006, f. & cert. ef. 2-17-06
OYA 4-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-480-0050 Religious Designation

(1) Upon intake, a youth in custody may designate any or no religious orientation as a preference.

(2) After this initial declaration of faith, a youth in custody may officially record a change of faith only one time in any subsequent four months.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.108
OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-480-0060 Activity Areas

(1) Each OYA facility will designate an area(s) appropriate for the conduct of approved religious activities.

(2) All areas are subject to search in accordance with OYA rule, policy, and procedure, and in a manner that reflects an awareness of and sensitivity to individual religious beliefs and practices.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.108
OYA 4-2006, f. & cert. ef. 2-17-06
OYA 4-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-480-0070 Religious Items

Items required for the conduct of a religious activity may be purchased and supplied by the OYA, or donated by a religious representative, religious volunteer, or other approved source at the discretion of the OYA.

(1) All items utilized in religious practices are subject to search by OYA staff prior to introduction into the facility. Staff conducting such search will do so in a manner that reflects an awareness of and sensitivity to the individual religious belief and respect for the objects/symbols used in the religious practice.

(2)(a) Items not approved will be considered contraband and subject to confiscation.

(b) Supplying contraband is a felony, and the OYA will initiate criminal charges against any person committing such crime.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.108
OYA 4-2006, f. & cert. ef. 2-17-06
OYA 4-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-480-0080 Decision Appeal

(1) The Religious Program Coordinator will send a written decision to the youth in custody. A copy will be sent to the facility Superintendent/Camp Director.

(2) A youth in custody may appeal a decision by submitting a letter to the facility Superintendent/Camp Director within 10 calendar days after receiving the denial. The Superintendent/Camp Director will collaborate with the Facility Services Assistant Director and OYA Director to review the matter.

(a) Whenever there is a conflict between a request for a religious practice and a facility interest, the matter will be resolved by OYA in consultation with affected parties. When necessary, OYA will consult with appropriate religious representatives or other authorities as needed to clarify issues.

(b) The decision of the OYA Director is final.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.108
OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 4-2006, f. & cert. ef. 2-17-06
OYA 4-2002, f. & cert. ef. 1-18-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 490 Use of Time-out, Room-lock Other, Isolation, Safety Programs, Physical Intervention, and Restraint in OYA Facilities

Or. Admin. R. 416-490-0000 Purpose

(1) The purpose of these rules is to provide guidance and direction on the use of Time-out, Room-lock Other, Isolation, Safety Programs, Physical Intervention, and restraint by OYA staff in the performance of their duties. These rules are written to minimize the risk of injury to youth in custody and staff, prevent serious destruction of state property, and meet OYA’s mission.

(2) It is the policy of OYA to authorize different Interventions in circumstances specified in these rules. When a Time-out, Room-lock Other, Isolation, Safety Program, Physical Intervention, or restraint is authorized, the type, amount, and manner of use authorized are specified in these rules and OYA policy.

(3) The use of Physical Intervention and restraint by OYA staff is authorized by the OYA director.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10
OYA 10-2005, f. & cert. ef. 4-20-05
OYA 2-2001, f. & cert. ef. 2-27-01
OYA 8-2000(Temp), f. 9-28-00, cert. ef. 9-28-00 thru 2-26-01
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-490-0010 Definitions

(1) Case Plan: A case plan is a formal plan with prescribed Interventions and documentation requirements and is a tool to assist staff in managing cases, setting goals and reviewing YICs' Interventions and progress. A case plan constitutes and fulfills the requirements of the Reformation Plan as defined in ORS 420A.005, 420A.125 and 420A.010 and is created and maintained in the statewide Juvenile Justice Information System (JJIS).

(2) Intervention: The means by which a YIC's negative behavior is redirected to a more acceptable level. Staff Interventions are designed to alter the environment to allow the individual YIC to gain self-control and develop skills to change the YIC’s negative behavior. The type of Intervention used directly correlates to the behavior change needed.

(3) Isolation: A crisis Intervention where a YIC is temporarily placed alone in a room with a locked door due to the YIC’s crisis behavior.

(4) OYA: Oregon Youth Authority.

(5) Physical Intervention: Direct physical contact where reasonable force is applied to a YIC either to restrict movement or mobility, or to disengage from harmful behavior.

(6) Room-lock Other: An Intervention where a YIC is placed alone in a room with a locked door for a sleep program, medical separation, or the YIC has requested Time-out in a closed or locked room.

(7) Safety Program: An intensive, YIC-specific, time-limited Intervention that modifies a YIC’s activities to focus on developing the YIC’s emotion regulation and problem-solving skills.

(8) Security Restraints: Devices used to restrict physical activity. Security restraints include, but are not limited to, handcuffs and leg irons.

(9) Time-out: A staff-supported, or YIC-requested, Intervention that helps a YIC emotionally re-regulate by separating the YIC from peers for a short period of time.

(10) Youth in custody (YIC): A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10
OYA 10-2005, f. & cert. ef. 4-20-05
OYA 10-2002, f. & cert. ef. 5-16-02
OYA 7-2001(Temp), f. & cert. ef. 11-16-01 thru 5-15-02
OYA 2-2001, f. & cert. ef. 2-27-01
OYA 8-2000(Temp), f.& cert. ef. 9-28-00 thru 2-26-01
OYA 7-2000, f. & cert. ef. 9-22-00
Reverted to OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
OYA 3-2000(Temp), f. 5-26-00, cert. ef. 5-26-00 thru 9-15-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-490-0021 General Provisions

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

(2) Isolation may only be used when a YIC is in danger of physically harming others, where a serious threat of violence is present, or violence has occurred.

(3) Physical Intervention or restraint may only be used when a YIC presents a danger to self or others, including to prevent substantial physical plant damage or serious compromise to facility operations, and to prevent an escape from a youth correction facility.

(4) Isolation, restraint, or Physical Intervention is viewed as an exceptional or extreme practice.

(5) Once initiated, the Intervention must be as limited in time as possible.

(6) All staff expected to have a role in restraint and Physical Intervention must be trained and demonstrate competency.

(7) Managers are held accountable at all times for initiating, using, and terminating Isolation, restraint, or Physical Intervention procedures. Accountability is a component of performance improvement efforts and staff competency evaluations.

(8) Each YIC’s Case Plan must identify specific Interventions to be used to avoid Isolation, Safety Programs, restraint, or Physical Interventions, and address the YIC’s strengths and cultural issues.

(9) Decisions to initiate Isolation procedures, planned restraint or Physical Interventions must include an assessment of the YIC’s history of sexual and physical abuse, violence, developmental disability, and medical or psychiatric issues pertinent to the decision.

(10) Mental health services staff must be notified when YICs with either mental health or developmental disability issues are placed in Isolation or a Safety Program, restrained, or involved in Physical Interventions.

(11) After an incident, YICs and staff must be involved in a clinically-timed post-procedure debriefing to determine how future incidents can be prevented.

(12) YIC dignity must be maintained to the extent possible.

(13) Time-out, Room-lock Other, Safety Program, Isolation, restraint, or Physical Intervention must not be initiated or maintained as a substitute for treatment, as punishment, or for staff convenience.

(14) Isolation, Physical Intervention, and restraint are emergency safety Interventions, not therapeutic techniques, and are implemented in a manner designed to protect the YIC's safety, dignity, and emotional wellbeing.

(15) Staff must reinforce the YIC’s positive behaviors and strengths and remain sensitive to cultural issues.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, adopt filed 07/13/2018, effective 07/16/2018

Or. Admin. R. 416-490-0025 Room-lock Other

(1) The purpose of a Room-lock Other Intervention is to place a YIC alone in a room with a locked door for a sleep program, medical separation, or the YIC has requested Time-out in a closed or locked room.

(2) A YIC may only participate in a sleep program during normal sleeping hours. A YIC may participate in a sleep program for reasons other than crisis behavior.

(3) Only Health Services staff may direct physical separation of a YIC from the YIC’s peers for physical health reasons, and only when no other option is available. Staff must allow the YIC as much social interaction and out-of-room time as medically possible.

(4) If a YIC is in Room-lock Other as part of a Time-out, OAR 416-490-0031 also applies.

(5) Staff must monitor the YIC every 15 minutes and document observations in writing.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, adopt filed 07/13/2018, effective 07/16/2018

Or. Admin. R. 416-490-0031 Time-Out

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

(2) Time-out must not be used as punishment, as a convenience or substitute for staff supervision, or a substitute for individualized treatment. Time-out may be staff-suggested, or YIC requested. A YIC’s participation in a Time-out is voluntary.

(3) Staff must monitor the YIC every 15 minutes for well-being and possible rejoining with peers. The monitoring must be documented in writing.

(4) A Time-out incident must not exceed four consecutive hours.

(5) Notwithstanding 416-490-0031(4), incidents of Time-out that continue into normal sleeping hours must only be continued as incidents of Room-lock Other, and must adhere to OAR 416-490-0025(2).

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

Or. Admin. R. 416-490-0032 Isolation

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

(a) Isolation must occur in a locked, individual room.

(b) Isolation must only be used to manage a YIC’s crisis behavior when the YIC is in danger of physically harming others, where a serious threat of violence is present, or violence has occurred.

(2) Isolation must not be used as punishment, as a convenience or substitute for staff supervision, or a substitute for individualized treatment.

(3) Staff must monitor the YIC every 15 minutes for wellbeing and possible return to the general population. The monitoring must be documented in writing.

(4) Isolation must only be used until the YIC regains self-control and can return to a less restrictive setting, according to OYA policy.

(a) An incident of Isolation must not exceed five consecutive days.

(b) Only the OYA director or Facility Services director may approve an incident of Isolation exceeding five consecutive days, and must review the incident daily for its possible conclusion.

(5) In some situations, staff may assess that the appropriate level of Intervention requires the placement of the YIC in restraint devices. YICs in restraint devices must be continually observed by staff.

(6) The actions listed below must occur when a YIC is placed in Isolation.

(a) The placement must be reviewed by the superintendent, camp director, designee, or manager as soon as possible. The person reviewing the placement must not have been involved in the incident or in the placement of the YIC in Isolation.

(A) If the person reviewing the Isolation placement finds that the placement does not meet the criteria described in OAR 416-490-0021(2), the person must ensure the YIC is no longer alone in a room with a locked door.

(B) If the person reviewing the Isolation placement finds that the placement does meet the criteria described in OAR 416-490-0021(2), designated staff must assess the YIC’s readiness to engage in problem analysis and reintegration planning within two hours of the Isolation placement, and at least every two hours thereafter, according to OYA policy.

(b) When it is determined a YIC is ready to engage in reintegration planning, designated staff must develop a reintegration plan, according to OYA policy, for the YIC to ultimately rejoin the general population.

(c) When it is determined a YIC is ready to rejoin the general population, designated staff must develop and document the YIC’s reintegration plan, and initiate the reintegration according to OYA policy.

(d) A facility manager must ensure the YIC rejoins the general population as soon as possible after a reintegration plan is developed.

(7) For YICs who have been identified with severe or the highest mental health treatment needs, a clinical interview must be conducted and documented by a mental health care practitioner upon notification of the YIC’s placement in Isolation. Requests for psychological Intervention by a mental health care practitioner may also be initiated by staff, or by a YIC in Isolation.

(8) YICs in Isolation are afforded the same opportunity to maintain health and dignity as afforded YICs in the general population consistent with requirements for the program and in accordance with OYA policy.

(9) Searches: Upon entering Isolation, the YIC must be searched according to OYA policy.

(a) Every item of material or equipment (books, magazines, etc.) must be inspected.

(b) The Isolation room must be searched upon staff assessment that a search is warranted, and before and after each occupancy. Unauthorized items must be removed from the room.

(10) Exceptions:

(a) YICs may be placed in an Isolation room without bedding, hygiene supplies, mail or reading material for up to two hours after initially occupying the room.

(b) When a YIC is placed in Isolation for two hours or longer, a YIC may only be denied an article of clothing, bedding, hygiene supplies, mail, or reading material under the following conditions:

(A) The YIC abused or misused the item;

(B) There exists a substantial threat of imminent misuse of the item; or

(d) If an item has been denied after a YIC has been in Isolation for two hours or longer, staff must evaluate returning the item at least once every 24 hours. If upon evaluation the item continues to be denied, the rationale for continued denial must be documented in writing.

(e) Staff have a continued obligation to assure basic hygiene, sanitation, and YIC dignity despite the removal of items.

(11) A YIC may appeal an Isolation Intervention through the YIC Grievance Process described in OAR 416, division 20.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 9-2016, f. & cert. ef. 10-3-16
OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

Or. Admin. R. 416-490-0033 Safety Programs

(1) The purpose of a Safety Program Intervention is to manage a YIC’s behavior when other Interventions have been exhausted and ineffective in managing the YIC’s behavior within the facility’s general population. A Safety Program Intervention may use a combination of Room-lock Other and Isolation incidents to modify routine activities such as meals, recreation, school, treatment, and other programs. All incidents of Room-lock Other and Isolation must follow OARs 416-490-0025 and 416-490-0032.

(2) A Safety Program plan must identify the routine activities to be controlled that will allow a YIC to manage the YIC’s behavior. The Safety Program plan must include at least the following:

(a) Identified modified activities;

(b) When the YIC will engage in the modified activities;

(d) How the YIC will engage in the modified activities.

(3) A Safety Program plan must be developed by the YIC’s treatment team and authorized by the facility superintendent or camp director.

(4) A YIC’s placement in a Safety Program must be reviewed at least weekly by the facility superintendent or camp director, and the YIC’s treatment team, for placement need and policy compliance.

(a) A YIC may only remain in a Safety Program until the YIC is able to self-manage behavior and safely interact within the routine activities of the living unit community, as determined by the YIC’s treatment team.

(b) Reviews and resulting decisions must be documented in writing.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

Or. Admin. R. 416-490-0034 Physical Intervention

Staff will use the least restrictive Physical Intervention with a YIC to obtain the desired behavior change.

(1) The following types of Physical Intervention are prohibited:

(a) The use of Interventions as coercion, punishment, or retaliation; and

(b) Physical Intervention techniques that are applied to inflict physical pain, undue physical discomfort, or to restrict blood circulation or breathing.

(2) Staff will identify YICs who are having difficulty controlling their negative behaviors and will use verbal de-escalation techniques to prevent escalating the negative behaviors.

(3) Before using Physical Intervention, OYA staff must attempt to gain control of the YIC using verbal de-escalation techniques. Unless there is imminent danger to the staff member, other YICs, or staff, staff will delay the use of Physical Intervention until another staff is able to assist.

(4) When Physical Intervention is used, staff must ensure that:

(a) YICs are examined by a health-trained person as soon as safely practicable, whether or not injury is visible. Staff will immediately provide a written summary and photograph, in color, of any visible injury; and

(b) A report is made by each staff member involved in the Intervention, including staff witnesses.

(5) All incidents of Physical Intervention require an incident review as described in OAR 416-490-0050.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

Or. Admin. R. 416-490-0035 Restraint

(1) OYA staff must not use the following on any YIC:

(a) The placement of a YIC in a prone position with arm(s) and leg(s) restrained behind the back ("hogtie" position);

(b) Restraint positions or techniques that are designed to inflict physical pain, undue physical discomfort, or to restrict blood circulation or breathing;

(d) Chemical restraints.

(2) The use of restraint to punish a YIC, or as a convenience to or substitute for staff supervision is prohibited.

(3) YICs must not restrain or assist in restraining any person.

(4) YICs in restraint devices must be continually observed by staff.

(5) The OYA director must approve all types of restraint devices and techniques prior to their uses on YICs.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

Or. Admin. R. 416-490-0050 Reviews

(1) Preliminary Review:

(a) All use of Physical Intervention and restraint incidents require a preliminary review within 48 hours, excluding weekends and holidays by a facility manager.

(b) A preliminary review requires the accumulation of all relevant information, such as reports and documents of involved persons and witnesses, with a review for complete information and compliance of administrative directives. Interviews may be necessary to clarify or obtain relevant information.

(c) Based on the preliminary review, the facility manager must document whether the Physical Intervention was performed according to OYA rules and policies, and if an administrative review of the incident is warranted.

(2) Administrative Review:

(a) An administrative review is required when a YIC is seriously injured during an incident of Physical Intervention or restraint. Examples of serious injury include, but are not limited to, a break in skin requiring suture, bruising accompanied by swelling or extreme pain, broken bones, internal injury; any injury requiring medical treatment beyond routine first aid.

(b) When an administrative review of an incident of Physical Intervention or restraint is not required but the incident is forwarded to the superintendent or camp director for a possible administrative review, the superintendent or camp director will make the decision regarding the need for an administrative review.

(c) The superintendent or camp director must designate at least two staff to conduct the administrative review. The designated staff must not have been involved in the incident being reviewed. The designated staff must have appropriate experience, training, and knowledge of OYA policies, procedures, and practices necessary to conduct the review.

(d) An administrative review requires the accumulation of all relevant information, such as reports and documents of involved persons. Interviews may be necessary to clarify or obtain relevant information.

(e) A written report with relevant information must be submitted by the reviewing staff to the superintendent or camp director, and the Facility Services assistant director within seven calendar days of the Physical Intervention or restraint incident. The written report must contain the following elements:

(A) The degree to which the action taken was in compliance with OYA rules and policies; and

(B) Any recommendations to enhance staff and YIC safety during Physical Interventions or restraints.

(f) The Facility Services assistant director may forward the administrative review to the OYA director for a possible full review.

(3) Full Review:

(a) When an administrative review of an incident of Physical Intervention or restraint is forwarded to the director for a possible full review, the OYA director, or designee, will make the decision regarding the need for a full review.

(b) If a full review is required, the deputy director, or designee, will convene an impartial review committee. Review committee members must not have any personal involvement in the incident being reviewed. Individuals may be selected from external and internal stakeholders and experts as indicated by the incident to be reviewed.

(d) The review committee will prepare a final report for the OYA director no later than 10 working days following the completion of their review. Any exception to the timeline must be reasonable and documented in writing. The report must include:

(A) The degree to which the action taken was in compliance with OYA rules and policies; and

(B) Any recommendations to enhance staff and YIC safety during Physical Interventions or restraints.

(e) A copy of the final report must be forwarded to the superintendent or camp director, and the living unit manager.

(4) Exemption: Use of Security Restraints to escort YICs between units within a facility or to transport YICs outside the perimeter of the facility is part of ordinary and customary supervision of YICs and is not subject to this rule.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & 420A.108
OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018
OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10
OYA 10-2005, f. & cert. ef. 4-20-05

Division 500 Recreational Activities for Adjudicated Youth in Substitute Care Placements

Or. Admin. R. 416-500-0000 Purpose

(1) Recreational activities provide adjudicated youth with opportunities to practice social skills; alleviate idleness and boredom; provide positive reinforcement; develop the concepts of cooperation and sportsmanship; and improve self-esteem, health, and physical conditioning.

(2) Recreational activities are an integral part of an adjudicated youth’s case planning.

(3) OYA will work with substitute care providers who serve OYA adjudicated youth in community placements to ensure that adjudicated youth receive opportunities for recreational activities that are provided in relation to the adjudicated youth’s case plan in a manner that is safe for the community, the participating adjudicated youth, and supervising staff.

(4) Substitute care providers will schedule and make available to adjudicated youth appropriate recreational and leisure time activities, both within the residential treatment program or foster home and in the community.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892
OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 10-2004, f. & cert. ef. 10-1-04

Or. Admin. R. 416-500-0010 Definitions

(1) Recreation: Any play or leisure activity in which adjudicated youth participate, either structured or unstructured. Recreation activities are intended to refresh, offer sport or a pastime. Recreation is all those things that a person or group chooses to do in order to make leisure time more interesting, more enjoyable, and more personally satisfying. Purposeful recreational activities can be used to develop physical, cognitive, social, and emotional skills in juvenile settings. Such activities provide positive reinforcement and provide healthy pro-social alternatives to boredom and illegal behavior. Recreation develops concepts of cooperation and sportsmanship.

(2) Substitute care placements: Any of the out-of-home care and treatment programs authorized by OYA to serve adjudicated youth in OYA custody, including contracted residential treatment programs and certified foster homes. Substitute care placements exclude OYA’s close-custody facilities.

(3) Substitute care providers: Persons authorized by OYA through contract or other written agreement to provide supervision and care for adjudicated youth on parole or probation status in the community. Such persons include, but are not limited to, contracted residential treatment providers and certified foster parents (including respite providers).

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892
OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 10-2004, f. & cert. ef. 10-1-04

Or. Admin. R. 416-500-0020 General Standards

(1) Court order establishes OYA’s authority as legal custodian or guardian of adjudicated youth committed to the legal custody of OYA and placed on parole or probation status in substitute care placements, making OYA responsible for their general care and supervision. As part of that authority, OYA works in coordination with the substitute care provider to ensure appropriate substitute care and treatment is provided.

(a) Substitute care providers will comply with Department of Human Services (DHS) licensing standards, written contracts or agreements with OYA or other agencies, and OYA policies that discuss the provision of recreational activities.

(b) Substitute care providers will develop written procedures that detail the process for risk assessment, activity planning and approval, according to the standards defined in these rules and OYA policy.

(c) Substitute care providers will provide training to their staff to ensure compliance with the standards discussed in these rules and OYA policy.

(2) When planning a recreational activity, it is prudent for substitute care providers to check the level of insurance coverage for the planned recreational activity. In some instances, additional coverage may be required.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892
OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 10-2004, f. & cert. ef. 10-1-04

Or. Admin. R. 416-500-0030 Activity Planning

(1) Substitute care providers will plan, organize and supervise a variety of activities, in accordance with DHS licensing standards, and/or the provisions of contracts or other written agreements.

(2) The planned activity will be consistent with the adjudicated youth’s case plan.

(3) Prior to the activity, substitute care providers, OYA, the adjudicated youth, and the adjudicated youth’s parent/guardian, where applicable, will acknowledge the risk and approve the adjudicated youth’s participation.

(4) Substitute care providers will plan for emergency situations, including planning for participants’ medical needs and response procedures if an emergency should occur.

(5) During the activity, substitute care providers will provide supervision appropriate to the type of activity, experience of the group, environment and conditions in which the activity takes place, experience level of staff, and the nature of the venue where the activity will occur.

(6) Substitute care providers and OYA staff will ensure that the risk assessment discusses activity restrictions detailed in these rules and OYA policy.

(7) At the conclusion of the approved activity, substitute care providers will review the risk assessment to determine any changes necessary to policies and procedures based on the outcomes noted from the activity.

(8) Any incident that occurs during any recreational activity will be shared with OYA according to OYA policy.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892
OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 10-2004, f. & cert. ef. 10-1-04

Or. Admin. R. 416-500-0040 Risk Assessment

(1) All activities involve some level of risk. Prior to participation in recreational activities, OYA staff and the substitute care provider will engage in a process to assess the risk of the activity, introduce measures to control those risks, and inform persons about the risks. The risk assessment will include, at a minimum, the following components:

(a) Description of the planned activity.

(b) Purpose or goal of the activity.

(d) Identification of known or possible hazards and precautions and/or safety to offset those hazards.

(e) Travel and lodging needs.

(f) Emergency precautions, including a description of emergency gear that the substitute care provider will have on hand, and a communication plan.

(2) Substitute care providers will assess all activities in writing prior to the start of activity.

(a) This assessment will be completed by substitute care providers who have a comprehensive understanding of adjudicated youth behaviors and the proposed activity.

(b) The results of the assessment will be shared with each adjudicated youth’s Juvenile Parole/Probation Officer (JPPO) and the parents/guardians of adjudicated youth within a reasonable amount of time prior to the activity to allow for each to review and give consent. OYA will provide timely review of these requests and ensure that parent/guardian consent is acquired prior to the activity.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892
OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 10-2004, f. & cert. ef. 10-1-04

Or. Admin. R. 416-500-0050 Restrictions

(1) Persons who transport adjudicated youth must:

(a) Have a valid driver's license and insurance;

(b) Comply with the provisions of state law, including the use of seatbelts; and

(2) Persons who operate passenger vans designed to carry 12 passengers must have successfully completed an OYA-approved training course.

(3) Adjudicated youth travel for recreational purposes outside of Oregon may be authorized at the discretion of the OYA Community Services Assistant Director on a case-by-case basis. All such requests must be submitted to the Community Services Assistant Director for review in a manner prescribed by OYA policy.

(4) Prior authorization from the Community Services Assistant Director, or designee, is required when foster parents request that an adjudicated youth participate in a family vacation activity.

(5) Adjudicated youth in substitute care placements are not permitted to participate in hunting activities. No exceptions will be made to this standard.

(6) Preventative safety measures in accordance with state law, local ordinances, and OYA rules and policies must be taken during certain recreational activities.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 419C.481, 419C.558 & 420A.010
OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 6-2012, f. & cert. ef. 6-25-12
OYA 10-2004, f. & cert. ef. 10-1-04

Division 530 Adjudicated Youth Foster Care Certification

Or. Admin. R. 416-530-0000 Purpose

(1) OYA seeks to ensure community safety, adjudicated youth accountability and adjudicated youth reformation by providing adjudicated youth foster care as an integral part of its continuum of services. OYA provides foster care for adjudicated youth who are 12 years of age through the age of 24. These rules establish OYA foster care standards for:

(a) The certification and re-certification process for foster parents;

(b) The standards that foster parents must meet while providing adjudicated youth foster care services under the OYA Foster Care Program; and

(c) The process by which a certification to maintain an adjudicated youth foster home may be placed on inactive referral status, terminated, suspended, or revoked.

(2) These rules apply to applicants seeking OYA certification, certified foster parents and respite providers, and Private Child-caring Agency proctor parents unless otherwise specified.

History

Statutory/Other Authority: ORS 420A.025 & 420.892
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 1-2000, f. & cert. ef. 4-4-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0010 Definitions

The following definitions apply to terms used in OAR chapter 416, division 530.

(1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age.

(2) Adjudicated Youth Foster Home Certificate: A certificate of approval, issued by OYA, granting approval to operate and maintain an adjudicated youth foster home or provide respite care.

(3) Adjudicated youth foster home: A home in the community that is maintained and lived in by an OYA-certified foster parent who provides care, supervision, food, and lodging on a 24-hour basis for an adjudicated youth in that home.

(4) Applicant: A person who applies for an adjudicated youth foster home certification to operate and maintain a foster home for adjudicated youth.

(5) Case plan: A formal plan with prescribed interventions and documentation requirements and a tool to assist staff in managing cases, setting goals, and reviewing adjudicated youth interventions and progress.

(6) Certification process: The process of initial application or recertification to operate and maintain an adjudicated youth foster home.

(7) Computerized criminal records check: The access and use of automated or manual files, or associated systems available to OYA as a criminal justice agency through the Law Enforcement Data Systems (LEDS) including online information from the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC), the Oregon Department of Human Services Child Welfare Information System (OR-Kids), and the National Law Enforcement Telecommunications System (NLETS).

(8) Contraband: Any article or thing which an adjudicated youth is prohibited by statute, rule, policy, Juvenile Parole/Probation Agreement, or order, from obtaining, possessing, or which the adjudicated youth is not specifically authorized to obtain or possess, or which the adjudicated youth alters without authorization.

(9) Criminal records check: The process used by OYA to conduct criminal records background checks on persons pursuant to these rules and OAR chapter 416, division 800, including computerized and fingerprint-based processes.

(10) Deadly weapon: Any instrument, article or substance specifically designed for, and presently capable of, causing death or serious physical injury.

(11) Denial: An action by OYA to deny an adjudicated youth foster home certification or re-certification.

(12) Discipline: A process by which foster parents and OYA sanction adjudicated youth for non-compliance with established rules of the foster home and conditions of probation or parole. Such sanctions assist adjudicated youth in developing the self-control and self-direction necessary to assume responsibilities, make appropriate daily living decisions, and learn to live in conformity with accepted levels of social behavior.

(13) Domestic animals: Any of various animals domesticated so as to live and breed in a tame condition as household pets. Examples of domestic animals include but are not limited to dogs, cats, and horses.

(14) Foster Home Agreement: A written agreement between OYA and the foster parent stating mutual expectations of the parties.

(15) Foster care certifier (Certifier): The OYA staff member responsible for the recruitment, training, certification, support, and supervision of OYA foster homes.

(16) Foster parent: A person certified by OYA who demonstrates special competence to supervise adjudicated youth with serious social or behavioral maladaptive characteristics in an adjudicated youth foster home setting.

(17) Frequent visitor: A person who regularly visits a foster home more than five hours a week when adjudicated youth placed in the foster home are present.

(18) Home study: An assessment, conducted prior to issuance of an Adjudicated Youth Foster Home Certificate, to determine an applicant's ability and suitability to provide foster care services to adjudicated youth.

(19) Inactive referral status: A temporary change in the terms of the adjudicated youth foster home certification that precludes new referrals of adjudicated youth to the home.

(20) Information required: All information requested by OYA, including information used to conduct criminal records checks.

(21) Inhalant delivery system: A device used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device. Does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose if the product is marketed and sold solely for the approved purpose.

(22) Juvenile parole/probation officer (JPPO): The OYA case manager who works with the adjudicated youth and the adjudicated youth’s family and the community while the adjudicated youth is in OYA custody.

(23) Mechanical restraint: Any apparatus, device, or contraption applied or affixed to an adjudicated youth to limit movement.

(24) Member of the household: Any person, other than an adjudicated youth, who lives in the adjudicated youth foster home, on the property where the adjudicated youth foster home is located, is a frequent visitor to the foster home, or who assists in the care provided to an adjudicated youth in the foster home.

(25) Multidisciplinary Team (MDT): A group of persons including, but not limited to, OYA staff, the adjudicated youth’s biological and foster family, and service providers responsible for developing, reviewing, and revising comprehensive case plans for adjudicated youth.

(26) OYA Reporting Line: The phone number managed by the OYA Professional Standards Office used to report abuse or file a complaint related to OYA youth, staff, volunteers, contractors, or foster parents.

(27) Psychotropic medications: Medication prescribed with the intent to affect or alter thought processes, mood, or behavior, including but not limited to, anti-psychotic, antidepressant, and anxiolytic medication and behavior medications. The classification of a medication depends upon its stated, intended effect when prescribed because it may have many different effects.

(28) Records: Any information in written or electronic form, pictures, photographs, charts, graphs, recordings, or documents pertaining to an adjudicated youth’s case.

(29) Relative foster parent: An OYA foster parent that is related to the adjudicated youth by blood or marriage, excluding the adjudicated youth’s biological or adoptive parents.

(30) Respite care: A temporary arrangement between a foster parent and an OYA-certified respite provider to allow the foster parent(s) time away from an adjudicated youth.

(31) Respite provider: An individual, at least 21 years of age and certified as an OYA foster parent , who temporarily assists with supervision of one or more adjudicated youth when the full-time foster parent is not available or is spending time away from an adjudicated youth.

(32) Revocation: An action taken by OYA to rescind an Adjudicated Youth Foster Home Certificate based on non-compliance with statute, administrative rule, or the Adjudicated Youth Foster Home Agreement.

(33) Second-hand smoke or vapor: Smoke or vapor that is exhaled by a smoker or inhalant delivery system user, or originates from a product that a person is using to which a second person is exposed, and includes smoke or vapor from a cigarette, cigar, pipe, inhalant delivery system, or other material.

(34) Sex trafficking: The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act.

(35) Structured supervision: Supervision and knowledge of the approved whereabouts of an adjudicated youth by a certified foster parent while the adjudicated youth engages in daily living activities or recreation.

(36) Suspension: A temporary withdrawal of an adjudicated youth foster home certification by OYA pending determination of the foster parent’s non-compliance with statute, administrative rule, or the Adjudicated Youth Foster Home Agreement.

(37) Termination: An action taken by OYA or the foster parent to terminate the Adjudicated Youth Foster Home Agreement.

(38) Volunteer: Any person who is not a foster parent or member of the household and who assists adjudicated youth in the home with activities for no compensation and under foster parent supervision.

(39) Vulnerable person: Includes but is not limited to a child, elderly person, person with a disability or person residing in a long-term care facility as defined in ORS 442.015, a residential facility as defined in ORS 443.400, including but not limited to an assisted living facility, or an adult foster home as defined in ORS 443.705.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 7-2016, f. & cert. ef. 8-5-16
OYA 1-2016, f. & cert. ef. 3-2-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 5-2006, f. & cert. ef. 3-20-06
OYA 26-2005(Temp), f. & cert. ef. 11-8-05 thru 5-7-06
OYA 14-2005, f. & cert. ef. 6-13-05
OYA 5-2005, f. & cert. ef. 3-9-05
OYA 15-2004, f. & cert. ef 11-12-04
OYA 5-2002, f. & cert. ef. 1-18-02
OYA 1-2000, f. & cert. ef. 4-4-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0020 Certification Process

(1) OYA seeks to recruit individuals who meet or exceed the qualifications described in these rules to provide foster care services to adjudicated youth. OYA further seeks to retain qualified foster parents who continue to provide an important component of the OYA service delivery system to adjudicated youth. In order to accomplish these objectives and to ensure that adjudicated youth receive services in a safe, respectful, rehabilitative, and positive atmosphere, OYA has developed a thorough certification process.

(2) The certification process is a partnership between the applicant or foster parent and OYA. The process allows for individuals interested in providing adjudicated youth foster care services to ask questions about foster care standards, foster parent qualifications, foster home qualifications, and supervision of adjudicated youth and it allows OYA to assess the willingness, abilities, and suitability of applicants to provide such foster care services. The process also allows foster parents to review the prior year during the re-certification process and allows OYA to re-assess the foster parent’s continued qualification, willingness, and ability to provide services.

(3) The granting of an Adjudicated Youth Foster Home Certificate is not a guarantee that adjudicated youth will be placed in the foster home.

(4) OYA has a responsibility to Oregonians to manage its resources within available funds. When the OYA director or designee determines that funding for these resources is jeopardized or otherwise not available, the OYA director may suspend recruitment of new foster home resources in areas where the availability of foster homes exceeds the need for placements.

(5) Relative foster care applicants: An adjudicated youth foster home may be maintained by a person related to the adjudicated youth by blood or marriage when financial need can be determined by OYA. OYA must review potential relative foster care applicants to determine if there is a true financial need in order to provide the adjudicated youth room, board, clothing, allowance, personal incidentals, transportation, educational supplies, and other costs approved by OYA. Relative foster parents are bound by the same rules and expectations as foster parents who are not relatives.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2016, f. & cert. ef. 3-2-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0030 Application Process

Applicants for initial certification must:

(1) Complete and submit all forms required by OYA;

(2) Participate in home studies as required by OYA; and

(3) Provide all information required by OYA to verify compliance with these rules, including, but not limited to:

(a) Name(s), alias, gender, address, birth date, social security number, and Oregon driver’s license number of all applicants and members of the household;

(b) Names and addresses of at least four persons, three of whom are unrelated to the applicant, who have known the applicant for two years or more and who can attest to the applicant’s ability to provide care and supervision to adjudicated youth. If applicants are applying for joint certification, each applicant must provide at least two different references unrelated to the applicant, who have known the applicant for two or more years, and who can attest to the applicant's ability to provide care and supervision to adjudicated youth. OYA may also contact schools, employers, adult children of the applicant(s), and other persons who can attest to the applicant’s ability to provide care and supervision to adjudicated youth;

(c) A statement as to whether the applicant or any member of the household has ever operated or currently is operating a licensed or certified care facility or foster home and reasons for the termination or closure of that license or certification;

(d) Documentation from the applicant and all members of the household regarding all criminal arrests, all charges, and all convictions including juvenile delinquency arrests, adjudications, restraining or protective orders, and charges, the dates of offenses, and the resolution of those matters;

(e) Documentation from the applicant and all members of the household regarding all allegations, charges, or investigations of abuse or neglect of a vulnerable person or adjudicated youth, with dates, locations, and resolutions of those matters;

(f) A statement fully disclosing all information or conditions which may disqualify the applicant or applicant’s home from certification;

(g) A signed release of confidential information allowing OYA to release and exchange information with Oregon Department of Human Services, including but not limited to, about whether there is an ongoing investigation involving the applicant or member of the household, or a finding of substantiated allegations of abuse or neglect by the applicant or member of the household, related to a vulnerable person or adjudicated youth; and

(h) Proof of sufficient income to meet the needs and ensure the financial stability of the household, independent of the foster care reimbursement. OYA must request current financial records which may include copies of pay stubs, W-2 forms, or recent tax returns as proof of income.

(4) Applicants must participate in a criminal records check process, as defined by these rules and OAR chapter 416, division 800.

(a) OYA requires a criminal records check, including fingerprints, for applicants and other members of the household 18 years of age and older.

(b) OYA requires a computerized criminal record check for members of the household 12 through 17 years of age.

(c) OYA may conduct criminal records checks anytime that OYA deems it necessary for the safety of adjudicated youth in the home.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 7-2016, f. & cert. ef. 8-5-16
OYA 1-2016, f. & cert. ef. 3-2-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0035 Application Process for Re-certification

A foster parent applying for re-certification must:

(1) Complete and submit all forms required by OYA;

(2) Provide information as requested by OYA to verify compliance with these rules;

(3) Participate in home studies as required by OYA;

(4) Provide documentation from the foster parent and all members of the household regarding all criminal arrests, all charges, restraining orders, and all convictions during the preceding year including juvenile delinquency arrests, adjudications, or charges, the dates of offenses, and the resolution of those matters;

(5) Provide documentation from the foster parent and all members of the household regarding all allegations or charges of abuse or neglect of vulnerable persons and adjudicated youth, with dates, locations, and resolutions of those matters;

(6) Provide proof of sufficient income to meet the needs and ensure the financial stability of the household, independent of the foster care reimbursement. OYA must request current financial records which may include copies of pay stubs, W-2 forms, or recent tax returns as proof of income; and

(7) Participate in a criminal records check process, as defined by these rules and OAR chapter 416, division 800.

(a) OYA requires a criminal records check of all members of the household 18 years of age and older.

(b) The criminal records check of new members of the household must occur prior to the new member of the household establishing the foster home as a residence.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 7-2016, f. & cert. ef. 8-5-16
OYA 1-2016, f. & cert. ef. 3-2-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07

Or. Admin. R. 416-530-0040 Foster Parent Qualifications

Applicants must:

(1) Be at least 21 years of age;

(2) Meet the qualifications and standards described in these rules and OAR chapter 416, division 800;

(3) Certify in writing that the applicant meets the qualifications and standards described in these rules and OAR chapter 416, division 800 and has disclosed all potentially disqualifying information to OYA;

(4) Be a citizen or lawful permanent resident of the United States;

(5) Demonstrate the following personal qualifications:

(a) Be a responsible, stable, emotionally mature adult who exercises sound judgment and displays the capacity to meet the mental, physical, and emotional needs of adjudicated youth placed in foster care;

(b) Understand the behaviors of adjudicated youth;

(c) Have knowledge and understanding of non-punitive discipline and ways of helping an adjudicated youth build positive personal relationships, self-control, and self-esteem;

(d) Have respect for an individual’s values, lifestyle, philosophies, sexual orientation, gender identity, religion, and cultural heritage;

(e) Be able to realistically evaluate which adjudicated youth they can accept, work with, and integrate into their family;

(f) Have a support network that could include family, friends, the neighborhood, and the community; and

(g) Provide appropriate supervision to ensure community safety.

(6) Be physically and mentally able to perform the duties of foster care;

(a) OYA may require a medical statement from a physician verifying that the applicant or any member of the household is physically capable of supervising and caring for adjudicated youth.

(b) OYA may require the applicant to consent to the release of psychological, medical or physical, drug and alcohol, or other reports and evaluations to OYA for the consideration of the applicant's ability to supervise and care for adjudicated youth.

(c) If an applicant has a history of alcohol or substance abuse, the applicant must be able to provide evidence that the applicant has been substance-free and sober for at least two years prior to applying for certification.

(7) Be free from a professional or personal conflict of interest. If the applicant is an OYA staff or works in a professional capacity which may contribute to a conflict of interest, the application and home study must be approved by the OYA Community Services assistant director, or designee; and

(8) Not have any documented incidents of abuse or neglect that resulted in a founded or substantiated disposition by the Oregon Department of Human Services within the last five years. OYA must conduct child abuse registry checks at the time of certification and re-certification, at the time a foster home certified by another agency wishes to serve OYA adjudicated youth, and when OYA deems it necessary for the safety of adjudicated youth in the home. Any founded or substantiated findings of abuse or neglect prior to the last five years must be reviewed by the Foster Care Program manager and Community Services assistant director for considerations of certification. The length of time between findings and application for certification, factors contributing to the findings, mitigating or aggravating circumstances, and applicant references must be considered.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2016, f. & cert. ef. 3-2-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 5-2006, f. & cert. ef. 3-20-06
OYA 26-2005(Temp), f. & cert. ef. 11-8-05 thru 5-7-06
OYA 15-2004, f. & cert. ef 11-12-04
OYA 16-2002, f. & cert. ef. 10-11-02
OYA 5-2002, f. & cert. ef. 1-18-02
OYA 1-2000, f. & cert. ef. 4-4-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0050 Certification

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

(a) Such records include but are not limited to a founded disposition of abuse or neglect of a vulnerable person documented in a state registry.

(b) If an applicant or member of the household has a documented incident that resulted in an “unable to determine” disposition by the Oregon Department of Human Services or by another state agency beyond Oregon, OYA must require the applicant or member of the household prove that the applicant or member of the household does not pose a risk to the safety, health, or well-being of any adjudicated youth placed in the applicant’s home.

(c) Applicants denied foster care certification or recertification as a result of a criminal record check must be provided written notice and may request a contested case hearing described in OAR 416 Division 800.

(2) OYA may consider other available information when selecting individuals to provide foster care services to adjudicated youth, including information collected from the application, reference checks, interview results, safety checks of the proposed foster home, and any other information including information about other members of the household. Applicants denied foster care certification or recertification must be provided with written notice and may request a contested case hearing as described in these rules.

(3) OYA must determine which applicants are certified based on how well each applicant meets the requirements set forth in these rules.

(4) OYA must review the application and supporting documentation to determine compliance with these rules before deciding to grant or deny an application for certification or re-certification.

(5) In addition to the application information, OYA may contact employers, adult children, and other relevant persons.

(6) OYA will make its decision regarding certification within 90 days of the receipt of the application and all supporting documentation. OYA will make its decision regarding re-certification prior to the expiration of the current certification. OYA will not review the application for certification or re-certification unless all materials have been submitted by the applicant and received by OYA.

(7) OYA will issue a certificate only after an applicant successfully completes the application and certification process and satisfies all requirements.

(8) Certificates must state:

(a) The period of time for which it is issued;

(b) The name of the foster parent or respite provider;

(d) The number of adjudicated youth the home is certified to serve.

(9) Upon certification, the foster parent and OYA must enter into an Adjudicated Youth Foster Home Agreement before adjudicated youth are placed in the foster home.

(10) OYA may deny certification or re-certification if:

(a) The applicant fails to meet the qualifications in these rules;

(b) The applicant falsifies information, either knowingly or inadvertently, by providing inaccurate information or by omitting information; or

(c) The applicant or any member of the household fails to meet the requirements of OAR chapter 416, division 800 or these rules.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 7-2016, f. & cert. ef. 8-5-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 16-2002, f. & cert. ef. 10-11-02
OYA 5-2002, f. & cert. ef. 1-18-02
OYA 1-2000, f. & cert. ef. 4-4-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0060 Foster Parent Duties and Responsibilities

(1) Governance

(a) Foster parents must comply with the standards of these rules and OYA procedures, including rules applicable to applicants.

(b) Foster parents must abide by the responsibilities described in the OYA Adjudicated Youth Foster Home Agreement. This agreement must be signed at the time of initial certification and annually, thereafter.

(d) Foster parents must not leave adjudicated youth unsupervised in the foster home, except with prior written approval by the adjudicated youth’s JPPO and Certifier specifying circumstances and length of time the adjudicated youth may be unsupervised.

(e) Foster parents must allow OYA access to the home, adjudicated youth, and foster care records, for the purpose of ongoing compliance monitoring.

(f) If a foster parent receives information that an adjudicated youth has been suspected or identified as a sex trafficking victim, the foster parent must immediately report the information to the Oregon Department of Human Services hotline, law enforcement, the Certifier, and the adjudicated youth’s JPPO.

(2) Training

(a) An applicant must complete an OYA-mandated pre-service training before the applicant is approved for certification. The training must include topics on suicide prevention, mandatory abuse reporting, understanding juvenile delinquency, and managing adjudicated youth behavior.

(b) Foster parents must have a valid CPR/First Aid certificate. CPR/First Aid courses count toward the annual minimum training requirement.

(c) On an annual basis, thereafter, each foster parent must complete additional training on topics identified by OYA, including suicide prevention and mandatory abuse reporting. Foster parents must provide adequate proof of completing the annual training to OYA.

(d) All training must be provided or approved by OYA and must include educational opportunities designed to enhance the foster parent's knowledge, skills, and abilities to meet the special needs of adjudicated youth.

(A) If adjudicated youth are in the home and the annual has not been completed, the adjudicated youth foster home certification must be placed on inactive referral status. No additional adjudicated youth referrals may be made until the annual training is completed.

(B) OYA may suspend a certificate if no adjudicated youth are currently in placement and the training requirements have not been met.

(3) Foster parents must work with OYA staff, by:

(a) Participating in Multidisciplinary Team (MDT) reviews;

(b) Implementing changes in care and supervision only as guided by the supervising JPPO or Certifier;

(c) Providing an adjudicated youth with the opportunity for contacts and private visits or telephone calls with the adjudicated youth’s JPPO, attorney, and the OYA Reporting Line; and

(d) Notifying the Certifier, or designee, of changes likely to impact the life and circumstances of the foster family, including but not limited to the following situations:

(A) Immediate notification to the Certifier and the adjudicated youth’s JPPO of any circumstance involving the adjudicated youth, foster parent, or other members of the household which may have a serious impact on the health, safety, physical or emotional well-being of the adjudicated youth. This includes, but is not limited to, injury, illness, accident, law violation, or unauthorized absence;

(B) Immediate notification to the Certifier of any visitor remaining in the home overnight who has not received prior approval by OYA. Foster parents and the Certifier must collaborate to ensure the safety of the adjudicated youth and visitor(s);

(C) Prior notification when a change in address is anticipated. In the case of an emergency (e.g., fire), foster parents must provide this information as soon as possible after the change of address occurs; and

(D) Prior notification when a change in the composition of the household is anticipated. In the event of an emergency, foster parents must provide this information as soon as possible after the change occurs.

(e) Foster parents must have prior written approval from OYA to take an adjudicated youth out of state.

(4) Foster parents must respect and support the adjudicated youth’s relationship with the adjudicated youth’s family or other persons approved by the adjudicated youth’s JPPO by:

(a) Assisting OYA staff in planning and implementing visits between the adjudicated youth and the adjudicated youth’s family or other approved visitors as indicated by the adjudicated youth’s case plan, or the adjudicated youth’s JPPO;

(b) Allowing an adjudicated youth opportunities to have regular phone contact with the adjudicated youth’s family or other persons approved by the JPPO; and

(5) Records

(a) Foster parents must, for the duration of the adjudicated youth’s placement in the foster home, maintain records, including, but not limited to, information relating to the adjudicated youth’s health (including immunizations), education, and placement progress.

(b) All records pertaining to the adjudicated youth belong to OYA. The foster parent must make all records available to OYA upon request. The foster parent must provide all records to the adjudicated youth’s JPPO or designee within 30 days of the adjudicated youth leaving the foster home, and not retain any originals or copies. Any records request by foster parents after the records have been returned to OYA must be handled in accordance with OAR chapter 416, division 105.

(6) Confidentiality

(a) Adjudicated youth information and records are confidential. Foster parents must maintain information relating to adjudicated youth including but not limited to information relating to a youth's health, education, and placement progress. Records must be stored in a manner sufficient to prevent unauthorized access.

(b) Foster parents must not disclose adjudicated youth records without authorization from OYA.

(c) Adjudicated youth records may be disclosed only when necessary to provide for the safety and wellbeing of adjudicated youth and with prior approval of OYA.

(d) Foster parents must maintain the adjudicated youth’s confidentiality and may not post the adjudicated youth’s information or photograph on any social media or electronic outlets, unless authorized by OYA.

(e) Unauthorized disclosure of adjudicated youth records may lead to suspension of certification.

(7) Adjudicated youth reformation and supervision

Foster parents must:

(a) Provide structure, accountability, and supervision designed to promote the physical, social, intellectual, spiritual, and emotional development of adjudicated youth, while providing for community protection;

(b) Treat each adjudicated youth with respect and dignity; and

(8) Household composition

(a) No more than three OYA adjudicated youth may reside in any given foster home at one time. In addition, no more than five total children (including the foster parent's own children under the age of 18 or any OYA respite youth) may reside in one foster home.

(b) Children of foster parents the age of 18 and older will not be counted toward the limitation of five children in the foster home.

(c) Members of the household age 18 and older who remain in or return to the home after becoming 18 years of age are subject to a criminal records check, including a fingerprint records check. The foster parent must notify OYA when a member of the household remains in or returns to the home after becoming 18 years of age.

(d) Foster parents must not care for individuals on a commercial basis, or accept any person for placement from any source other than OYA.

(9) Respite care

(a) A respite provider may not care for adjudicated youth in the respite provider's own home without a current and valid OYA Certificate that specifically authorizes the respite provider to provide respite care in their own home.

(b) When all foster parents are absent from providing supervision of adjudicated youth in a foster home, an OYA-certified respite provider at least 21 years of age, capable of assuming foster care responsibilities, must be present. Other adults at least 21 years of age may provide supervision for three hours or less with prior approval from the foster parent, JPPO and Certifier.

(c) When all foster parents anticipate being absent from providing supervision of adjudicated youth for overnight or longer, the foster parents must give OYA advance notice and the foster parents must receive approval from OYA before the foster parents may be absent. The foster parents must provide the following information: the dates of absence; the telephone number where the foster parents can be reached; and the OYA-certified respite provider who will provide care during the foster parent’s authorized absence.

(d) The total number of adjudicated youth per foster home may be increased to no more than five to provide foster parents short-term respite from foster care responsibilities.

(e) Foster parents may receive up to two days of OYA respite care per month. A foster parent may choose to forgo the allotted respite care days during a month and use them at a later date, not to exceed eight consecutive respite care days.

(f) Any respite care exceeding eight days per calendar month requires prior review and approval by the OYA Foster Care Program manager. Respite care is considered a dual placement and will follow OYA procedures for dual placements.

(10) Food and nutrition

(a) Foster parents must provide each adjudicated youth three well-balanced meals and appropriate snacks on a daily basis.

(b) Foster parents must provide each adjudicated youth daily access to kitchen facilities to prepare meals and snacks.

(11) Clothing and personal belongings

(a) Foster parents must provide each adjudicated youth with clean clothing that fits the adjudicated youth’s needs.

(b) Adjudicated youth must be allowed to participate in choosing their own clothing.

(c) Adjudicated youth may bring and acquire appropriate personal belongings. Property must fit within OYA’s travel kit requirements unless approved by the JPPO and Certifier. Adjudicated youth personal property must be contained in no more than two duffle bags, one plastic tote, and a toiletry bag. Adjudicated youth personal property must never be stored in garbage bags. The OYA travel kit will be issued by the JPPO.

(d) Foster parents must provide a weekly allowance to adjudicated youth, as required in the OYA Foster Parent Agreement.

(e) In consultation with the Certifier and the JPPO, foster parents must create a plan to manage adjudicated youth money and adjudicated youth accounts.

(f) Foster parents must not co-sign on any adjudicated youth accounts.

(g) Foster parents must provide each adjudicated youth with individual items necessary for personal hygiene and grooming. Foster parents must also ensure culturally specific products are available to each adjudicated youth to meet each adjudicated youth’s needs.

(12) Discipline and guidance

Foster parents must:

(a) Work with an adjudicated youth’s JPPO and Certifier to develop a behavior management plan that sets clear expectations, limits, and consequences of behavior through use of adequate and appropriate structure and supervision;

(b) Provide supervision, guidance, and clearly stated basic and house rules, to hold adjudicated youth accountable; and

(d) Expectations and consequences must be designed to guide adjudicated youth with respect, kindness and understanding, while holding the adjudicated youth accountable for personal behaviors.

(e) No adjudicated youth or other person(s) in a foster home will be subjected to physical abuse, sexual abuse, sexual exploitation, neglect, emotional abuse, mental injury, threats of harm, forced physical labor, or restriction from approved contacts as punishment.

(13) Chores

(a) Foster parents must set expectations for adjudicated youth to clean and care for their personal sleeping and housing areas and contribute toward the cleaning and maintenance of common living areas. These are routine tasks and youth must not receive compensation for such tasks.

(b) Household chores must be appropriate to the adjudicated youth’s age and ability.

(c) Additional jobs or projects offered to an adjudicated youth by a foster parent must be safe, reasonable, not assigned as a punishment, and must abide by the requirements in the Foster Home Agreement.

(d) Paid jobs are additional work projects the adjudicated youth and foster parent mutually agree on that are not chores, for which the adjudicated youth receives compensation.

(14) Health care

(a) Foster parents must work with OYA to ensure that an adjudicated youth’s physical and mental health care needs are met, including but not limited to:

(A) Scheduling appointments and arranging transportation to medical, dental, vision, or counseling appointments, or assisting adjudicated youth in doing so if appropriate;

(B) Ensuring that immunizations are current;

(C) Reporting to OYA when an adjudicated youth needs corrective or follow-up medical, mental health, vision, or dental care and arranging necessary care;

(D) Arranging for necessary consents from OYA for an adjudicated youth’s medical treatment that is not routine, including surgery; and

(E) Obtaining emergency medical care, when necessary.

(b) Medication Administration

(A) Foster parents must comply with applicable provisions of OAR chapter 416, division 340 pertaining to medication.

(B) An adjudicated youth may refuse any medication. When this occurs, the foster parent must document the refusal and immediately notify the adjudicated youth’s JPPO and Certifier.

(D) All medications must be stored in locked storage sufficient to prevent unauthorized access.

(E) Foster parents must inform an adjudicated youth’s JPPO and Certifier within one working day if any psychotropic medication is prescribed or changed for the adjudicated youth.

(c) If an adjudicated youth is exhibiting behaviors or other indicators that have the appearance of being under the influence of a substance, the foster parent must have the youth medically cleared by medical professional personnel immediately upon discovery.

(d) Medical information

(A) Adjudicated youth medical information must be kept confidential and in a secure location.

(B) Medical information may be shared only in compliance with Oregon Revised Statutes, and OYA administrative rules.

(15) Religious, cultural, ethnic heritage, sexual orientation, and gender identity.

Foster parents must respect the sexual orientation, gender identity, ethnic heritage, religious choices, cultural identity, and language of an adjudicated youth and the adjudicated youth’s family by:

(a) Providing reasonable and meaningful opportunities for an adjudicated youth to develop relationships with others of like cultural and ethnic background;

(b) Providing adjudicated youth opportunities to engage in religious activities of the adjudicated youth’s choice; and

(c) Not requiring an adjudicated youth to participate in religious activities or events contrary to the adjudicated youth’s beliefs.

(16) Education

(a) Within five school days of placement in the foster home, the foster parent must start the enrollment process for the adjudicated youth in an appropriate educational or vocational program, as outlined in the adjudicated youth’s case plan.

(b) Foster parents must be actively involved in an adjudicated youth’s educational or vocational programs.

(c) Foster parents must allow an adjudicated youth adequate time to complete homework in a location conducive to study, and provide assistance as needed.

(d) Foster parents must work with school personnel when issues arise at school, and report to an adjudicated youth’s JPPO and Certifier any situation that may require OYA involvement.

(17) Recreation

Foster parents must:

(a) Provide regular recreational and extracurricular activities appropriate to the age, interests, and abilities of an adjudicated youth, as described in OAR chapter 416, division 500;

(b) Apply reasonable and prudent parent standards when determining such participation. “Reasonable and prudent parent standards” means the standards, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of an adjudicated youth while encouraging the emotional and developmental growth of the adjudicated youth, that a foster parent must use when determining whether to allow an adjudicated youth to participate in recreational and extracurricular activities;

(c) Encourage an adjudicated youth to participate in community activities on the adjudicated youth’s own as approved by the JPPO and Certifier;

(d) Engage in community activities with adjudicated youth and obtain required approvals from OYA; and

(e) Provide opportunities for an adjudicated youth to pay restitution and perform community service obligations as directed by the case plan.

(18) Restrictions

(a) No mechanical restraints, other than properly used car seat belts, may be used on OYA adjudicated youth by foster parents.

(b) Foster parents and members of the household may not provide any form of tobacco, inhalant delivery system, alcohol, marijuana, drug paraphernalia, or illicit drugs to adjudicated youth, or allow adjudicated youth to consume or use such items or products.

(c) Adjudicated youth may use private home swimming pools and hot tubs only under supervision of a foster parent or certified respite provider.

(d) All alcoholic beverages, cannabinoids and paraphernalia, and tobacco products must be stored and locked in a manner sufficient to prevent access by adjudicated youth.

(19) Safety. Foster parents must:

(a) Be aware of an adjudicated youth’s location at home and in the community at all times;

(b) Have an adequate system for monitoring adjudicated youth during the night that has been approved by the Certifier;

(d) Inspect an adjudicated youth’s room, property, and areas adjudicated youth have access to on a regular basis to prevent the adjudicated youth from possessing contraband;

(e) Comply with OYA health and safety requirements for the prevention of accidents and injuries;

(f) Understand and implement suicide prevention techniques and reporting requirements; and

(g) Be aware of and monitor appropriate and inappropriate adjudicated youth boundaries and sexual behavior.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 7-2016, f. & cert. ef. 8-5-16
OYA 1-2016, f. & cert. ef. 3-2-16
Reverted to OYA 1-2014, f. & cert. ef. 1-15-14
OYA 4-2015(Temp), f. & cert. ef. 8-14-15 thru 2-9-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0070 Standards for the Foster Home

(1) General.

(a) Schools, recreation, religious activities, medical care, and cultural activities must be accessible to adjudicated youth in the foster home.

(b) If care is to be provided to one or more developmentally disabled or physically impaired adjudicated youth, OYA must consult with the relevant professionals to identify necessary accommodations to the foster home and ask the foster parent to implement the necessary accommodations prior to placement.

(A) OYA must coordinate the accommodations to the foster home.

(B) If the foster parent refuses to make the necessary accommodations, the adjudicated youth must not be placed into the foster home.

(c) Foster homes must have a working telephone with service. Foster parents must secure an alternative phone service within 24 hours of any disruption of existing phone service and communicate the new telephone number to the Certifier.

(2) Kitchen.

(a) Foster homes must have the equipment necessary for the safe preparation, storage, serving and cleanup of meals.

(b) Foster parents must ensure that all cooking and refrigeration equipment is sanitary and in working condition.

(3) Living areas.

(a) The foster home must have sufficient living space that is comfortably furnished and accessible to all members of the household, including adjudicated youth.

(b) Foster homes must be well-heated and well-ventilated.

(4) Bedrooms.

(a) Bedrooms occupied by adjudicated youth must:

(A) Be safe and have adequate living space for each adjudicated youth;

(B) Have windows that open and provide sufficient natural light and ventilation;

(C) Have a bed for each adjudicated youth, with clean bed linens, blankets (as appropriate to the season), and pillows; and

(D) Have functioning smoke alarms and carbon monoxide detectors, as prescribed in the OYA Foster Home Safety Requirements Checklist.

(b) Adjudicated youth age 18 or older may not share a bedroom with an adjudicated youth under age 18 without the prior approval of the OYA Foster Care Program manager.

(c) Children or other members of the household of foster parents are prohibited from sharing a bedroom with an adjudicated youth.

(d) The Certifier must determine the maximum number of adjudicated youth allowed to occupy each bedroom based on room size and the availability of adequate personal space for each adjudicated youth. Placement of more than the determined maximum number of adjudicated youth allowed to occupy each bedroom is prohibited.

(e) Each adjudicated youth must be provided with adequate storage space in or near the bedroom the adjudicated youth occupies for personal belongings and a designated space for hanging clothes.

(f) Foster parents must allow flexibility in the decoration of sleeping areas to accommodate the personal tastes and expressions of the adjudicated youth in care.

(g) Adjudicated youth bedroom doors must not have locks.

(h) Adjudicated youth with a history of inappropriate sexual behavior or adjudicated for a sexual offense must occupy a bedroom either individually, or in a group of three adjudicated youth with histories of inappropriate sexual behavior or adjudicated for a sexual offense. The assignment of two adjudicated youth with histories of inappropriate sexual behavior or adjudicated for a sexual offense to one bedroom must be authorized by the JPPO, Certifier and the OYA Foster Care Program manager.

(i) Adjudicated youth who have a history of inappropriate sexual behavior or have been adjudicated for a sexual offense must not occupy a bedroom with someone who does not have a history of inappropriate sexual behavior or who has not been adjudicated for a sexual offense, unless authorized by the JPPO, Certifier, and the OYA Foster Care Program manager.

(j) Bedrooms occupied by adjudicated youth that are located in basements or above the ground floor must have safe and direct emergency exits to the ground.

(5) Domestic animals.

(a) Foster parents must restrict access to potentially dangerous animals.

(b) Only domestic animals allowed by local ordinances may be kept as pets.

(c) Domestic animals must be properly cared for, supervised, and otherwise maintained in compliance with local ordinances.

(d) Rabies vaccination for pets must be kept current as required by law. Foster parents must provide proof of rabies vaccination to OYA upon request.

(6) Deadly weapons.

(a) Foster parents must immediately notify the Certifier anytime a deadly weapon is brought to the foster home.

(b) Deadly weapons must be stored behind double locks that prohibit access and visibility to adjudicated youth. For purposes of this rule, a double lock may be a locked compartment within a locked room.

(A) Any foster parent or member of the household who possesses a concealed weapon permit must give OYA a copy of the permit.

(B) Firearms must remain unloaded and stored in a locked gun safe or behind double locks that prohibit access and visibility to adjudicated youth. For purposes of this rule, a double lock may be a locked compartment within a locked room. Ammunition must be stored in a separate locked compartment, separate from any firearm. Trigger locks and glass front display cabinets are not permissible.

(7) Safety.

(a) Swimming pools and hot tubs must be maintained in a safe and clean condition, and must comply with local safety regulations and ordinances.

(b) Any safety hazard identified by OYA staff or a qualified trade service provider must immediately be remedied by the foster parent.

(d) Stairways must be equipped with handrails.

(e) All hazardous chemicals, solvents, combustibles, and aerosol containers must be stored in locked storage sufficient to prevent unauthorized access.

(f) In addition to section (4)(a)(D) of this rule:

(A) At least one functioning smoke alarm must be placed on each floor of the foster home and installed per manufacturer’s instructions;

(B) At least one carbon monoxide detector must be placed within 15 feet of an adjudicated youth’s bedroom and installed per manufacturer’s instructions; and

(g) At least one unexpired and operable class 2-A-10BC or higher rated fire extinguisher must be available and maintained on each floor of the foster home.

(h) Foster parents must have each fire extinguisher inspected by a licensed professional annually. An updated inspection tag must be attached to each fire extinguisher. Foster parents must adhere to any further safety and testing measures identified by the licensed professional.

(i) Dangerous tools, equipment, and machinery must be stored in a manner sufficient to prevent unauthorized access.

(j) The foster parent must have an evacuation plan and verify the plan is practiced with each adjudicated youth at the time of placement and at least once a year. An evacuation diagram must be posted in a clearly visible and conspicuous location.

(k) The use of space heaters is limited to electric space heaters equipped with tip-over protection, or propane space heaters equipped with approved venting. No extension cords may be used with such heaters or in place of permanent wiring. Kerosene space heaters are not allowed.

(l) Foster homes must have two unrestricted emergency exits in case of fire.

(A) A sliding door or window that can be used to evacuate adjudicated youth may be considered a usable emergency exit.

(B) Barred windows used as possible emergency exit in case of fire must be fitted with operable quick release mechanisms.

(8) Sanitation and health.

(a) The foster home must be kept clean and free of hazards to the health and physical well-being of the family. All areas of the foster home must meet sanitation criteria as described in OYA Cleanliness Checklist.

(b) Measures must be taken to keep the house and premises free of vermin.

(d) A continuous supply of safe, clean drinking water must be available.

(A) Private water sources and septic tank systems must be kept safe and functioning properly.

(B) Private water sources must be tested and approved by an appropriate official upon OYA request.

(e) Only pasteurized milk, juices, or powdered milk may be used for adjudicated youth consumption.

(f) All plumbing must be kept in working order, and an adequate supply of hot water for bathing and dish washing must be available.

(g) Water heaters must be accessible for inspection and equipped with a safety release valve and an overflow pipe that directs water to the floor or to another approved location.

(h) The foster home must have a minimum of one bathroom with a flush toilet, one sink with running water, and one bath or shower with hot and cold water.

(i) Pending regular removal, garbage and refuse must be stored appropriately, with no accumulation of garbage, debris, or rubbish that emits offensive odors.

(j) Adjudicated youth in the foster home must not be subjected to second-hand smoke or vapor.

(9) Transportation and home insurance.

(a) All vehicles used to transport adjudicated youth must have, at a minimum, liability insurance coverage in accordance with Oregon law.

(b) Foster parents and other members of the household who transport adjudicated youth must be licensed and insured drivers, 21 years of age or older, and provide proof of current coverage.

(c) At least one foster parent must possess a valid license to drive, or demonstrate options for safe and accessible transportation.

(d) The driver must ensure that all passengers use seat belts during the transport.

(e) Adjudicated youth may not operate a vehicle owned by a foster parent or member of the household if the vehicle requires a state license to be operated on public roads.

(f) Adjudicated youth may engage in driver's education provided by public school or driver training delivered by a licensed provider in accordance with the adjudicated youth’s case plan.

(g) Foster parents must provide current proof of homeowner’s insurance or renter’s insurance.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2016, f. & cert. ef. 3-2-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 1-2009, f. & cert. ef. 2-2-09
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0080 Exceptions

(1) Any exceptions to OAR 416-530-0000 through 416-530-0090 must be reviewed and approved or denied by the OYA Community Services assistant director.

(a) A Certifier must submit a written exception request, state the need for the exception, and sign the request.

(b) The OYA Community Services assistant director must evaluate each request for an exception on its own merits to determine whether the exception is supported by a written plan adequate to ensure the safety of adjudicated youth in the placement. Granting an exception does not set a precedent that must be followed by the OYA Community Services assistant director when evaluating subsequent requests for exceptions.

(c) In evaluating a request for an exception, the OYA Community Services assistant director must consider, among other factors, the ratio of adults to adjudicated youth; the level of supervision available; the foster parent's skill level; and the needs of other children in the home.

(2) Exceptions to rules relating to significant safety risks are prohibited.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0090 Denial, Suspension, and Revocation of Adjudicated Youth Foster Home Certification or Re-Certification; Inactive Referral Status

(1) Denial.

(a) OYA may deny an application for an adjudicated youth foster home certification or re-certification if an applicant or foster parent fails to meet any of the criteria set forth in these rules, or does any of the following:

(A) Falsifies an application, either knowingly or inadvertently, by providing inaccurate information or by omitting information;

(B) Fails to provide information requested by OYA within the time frame set by OYA; or

(b) If OYA proposes to deny an application for a foster home certification or re-certification, OYA must provide the applicant or foster parent with a written Notice of Proposed Denial of Adjudicated Youth Foster Home Certification or Re-certification and a proposed Order Denying Certification or Recertification, mailed to the applicant or foster parent by certified or registered mail, or personally served upon the applicant or foster parent, and stating the reason(s) for the proposed denial.

(c) An applicant or foster parent has 60 days from the date of service of the Notice of Proposed Denial of Adjudicated Youth Foster Home Certification or Re-certification to request a hearing. The request for hearing must be received by OYA within the 60-day period.

(d) An applicant or foster parent who has been denied certification or re-certification may not re-apply for or hold a foster home certification for a period of five years from the effective date of the Final Order Denying Adjudicated Youth Foster Home Certification or Re-certification.

(2) Emergency Suspension.

(a) OYA may suspend an adjudicated youth foster home certification without a prior hearing if OYA finds a serious danger to the public health or safety, including the health or safety of an adjudicated youth or the community. In the event of a suspension, adjudicated youth must be removed from the foster home and no further referrals will be made to the foster home unless and until the suspension is lifted.

(b) A foster parent has 90 days from the date of service of the Notice of Suspension to request a hearing on the emergency suspension. The request for hearing must be received by OYA within the 90-day period.

(d) If within 10 days from the date of mailing of the Notice of Suspension the foster parent does not enter into a written agreement containing a corrective action plan with OYA, OYA must initiate proceedings to revoke the adjudicated youth foster home certification, as provided in section (3) of this rule. The 10-day period may be extended upon prior written approval of OYA.

(e) If the suspension will exceed 180 days or the expiration date of the current certification, OYA must terminate the Adjudicated Youth Foster Home Agreement with the foster parent until such time as the suspension has been resolved as set out in this rule. The foster parent must be placed on inactive referral status and will not receive adjudicated youth referrals until the matter is resolved.

(3) Revocation.

(a) OYA may revoke an adjudicated youth foster home certification after considering any of the following:

(A) The severity of any alleged violation of these rules;

(B) The number of similar or related violations;

(D) The prior history of violations; or

(E) Any other mitigating or aggravating circumstance determined by OYA to be relevant to the alleged violation, or to the appropriate response to the alleged violation.

(b) OYA may revoke an adjudicated youth foster home certification if a foster parent fails to meet any of the criteria set forth in OAR chapter 416, division 530, or does any of the following:

(A) The foster parent falsified an application, either knowingly or inadvertently, by providing inaccurate information or by omitting information;

(B) After certification, the foster parent fails to provide information requested by OYA in the timeframe set by OYA;

(C) The foster parent fails to inform OYA of conditions that could disqualify the foster parent or the foster home from certification; or

(D) The foster parent fails to comply with a corrective action plan within the time frame set by OYA and the foster parent remains in violation of any of these rules.

(c) If OYA initiates revocation proceedings of an adjudicated youth foster home certification, OYA must provide a written Notice of Proposed Revocation of an Adjudicated Youth Foster Home Certification and proposed Order Revoking an Adjudicated Youth Foster Home Certification. The Notice of Proposed Revocation and proposed Order must be mailed, by certified or registered mail to the foster parent stating the reason(s) for revocation proceedings.

(d) A foster parent has 10 days from the date of mailing of the Notice of Proposed Revocation of an Adjudicated Youth Foster Home Certification to request a hearing. The request for hearing must be received by OYA within the 10-day period.

(e) A foster parent whose certificate has been revoked may not reapply for or hold a foster home certification for five years from the effective date of the Final Order Revoking an Adjudicated Youth Foster Home Certification, unless a lesser time or specific condition is stated in the Final Order.

(4) Inactive Referral Status.

(a) Inactive referral status, provider-initiated: A foster parent may ask to be placed on inactive referral status for up to 12 months.

(A) In order for inactive referral status to be granted, there can be no unresolved matters relating to non-compliance with certification rules.

(B) Prior to a return to active referral status, a foster parent must be in compliance with all certification rules, including training requirements.

(b) Inactive referral status, OYA-initiated.

(A) OYA may place a foster parent on inactive referral status due to changes in the foster parent's family or foster home including, but not limited to, death; divorce; a new member joining the household; significant disabling health condition; the arrest of a foster parent or member of the household; initiation of an Oregon Department of Human Services investigation, law enforcement investigation or criminal prosecution of a foster parent or member of the household; or other circumstances that OYA determines will put additional stress or pressure on the family or may pose a serious risk to the health, safety, or physical or emotional well-being of an adjudicated youth. Prior to placing a foster parent on inactive referral status, OYA may discuss the status change with the foster parent. OYA must notify the foster parent in writing of the change in referral status and the expected duration of that change.

(B) OYA-initiated inactive status may last for up to 180 days, during which time no additional adjudicated youth will be placed in the home. OYA may continue the inactive status for more than 180 days under any of the following circumstances:

(i) OYA and the foster parent do not enter into an agreement that addresses the issues that led to the change to inactive status;

(ii) The foster parent is not in compliance with all certification rules, including training requirements; or

(iii) An Oregon Department of Human Services investigation, law enforcement investigation or criminal proceeding involving a foster parent or member of the household has been initiated and has not concluded.

(5) Contested case hearings. Pursuant to the provisions of ORS 183.341, OYA adopts the Attorney General's Model Rules of Procedure OAR 137-003-0001 to 137-003-0091 and 137-003-0580, effective July 2019, as procedural rules for contested case hearings.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 183.341, 183.430 & 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2016, f. & cert. ef. 3-2-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 6-2009, f. 12-15-09, cert. ef. 12-16-09
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 16-2002, f. & cert. ef. 10-11-02
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0100 Certification Standards for Private Child-caring Agencies: Purpose

These rules set forth standards specific to OYA's relationship with Private Child-caring Agencies that contract with OYA and offer residential care programs in a foster home model, hereafter called "adjudicated youth proctor homes."

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0110 Certification Standards for Private Child-caring Agencies: Definitions

(1) Adjudicated youth proctor home: A home in the community that is maintained and lived in by a proctor parent who provides care, supervision, food, and lodging on a 24-hour basis for an adjudicated youth in that home certified by OYA and the Private Child-caring Agency, as defined by OAR chapter 416, divisions 335, 530, 550 and 800.

(2) Child-caring Agency: An agency or organization providing residential care including, but not limited to, foster care or residential treatment for children; outdoor youth programs, or other similar services for children, as defined in OAR chapter 410, division 170.

(3) Private Child-caring Agency: A Child-caring Agency that is not owned, operated, or administered by any governmental agency or unit.

(4) Private Child-caring Agency employee: An individual applying for a position with a Private Child-caring Agency or having a position and being considered for an assignment within a Private Child-caring Agency.

(5) Proctor parent: A person co-certified by OYA and a Private Child-caring Agency in accordance with the provisions of OAR 416-530-0100 through 416-530-0170 and employed by the Private Child-caring Agency.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-530-0125 Certification Standards for Private Child-caring Agencies: Certificate of Approval

(1) Proctor parents are recruited, trained, paid, and supported by a Private Child-caring Agency and monitored by a Private Child-caring Agency's professional staff. Proctor parents are co-certified by OYA and the Private Child-caring Agency.

(2) A Private Child-caring Agency must not place adjudicated youth in an adjudicated youth proctor home without a current, valid adjudicated youth proctor home certification issued by OYA.

(3) In addition to compliance with OAR chapter 416, division 530, Private Child-caring Agencies and their adjudicated youth proctor homes must comply with the following provisions:

(a) Licensing standards of the Oregon Department of Human Services, or other agency recognized by the state of Oregon to issue a license for services;

(b) Contractual agreements between the Private Child-caring Agency and OYA;

(d) Upon request by OYA, applicants must submit to OYA a signed release of confidential information allowing OYA to release to the Oregon Department of Human Services and the Child-caring Agency information, including but not limited to, whether there is an ongoing investigation involving the applicant or member of the household, or a finding of substantiated allegations of abuse or neglect by the applicant or member of the household, related to a vulnerable person or adjudicated youth; and

(e) In order to ascertain and obtain compliance with the standards of OAR chapter 416, division 530, OYA may examine the records and files of the Private Child-caring Agency, inspect the physical premises of the adjudicated youth proctor home and property, and interview adjudicated youth, Private Child-caring Agency employees, proctor parents, and persons in the community.

(4) Private Child-caring Agencies may not employ or use employees or volunteers whose presence may jeopardize the health, safety, or welfare of adjudicated youth. When making a determination about a person's suitability to work with adjudicated youth, the Private Child-caring Agency must follow the provisions of OAR chapter 416, division 800 and all other information described in OAR chapter 416, division 530 to judge the person's fitness to work with adjudicated youth.

(5) If the applicant meets the requirements of OAR chapter 416, division 530, OYA will issue an Adjudicated Youth Foster Home Certificate to operate an adjudicated youth proctor home under contract with a Private Child-caring Agency.

(a) This certificate must specify the type of care to be provided by the proctor parent, the address of the premises to which the certification applies, the name of the Private Child-caring Agency under which the certification is valid, and other information deemed necessary by OYA.

(b) Adjudicated youth foster home certification must automatically terminate in these situations:

(A) Upon the closure of the Private Child-caring Agency;

(B) When the agreement between the Private Child-caring Agency and the proctor parent is terminated; or

(6) The Private Child-caring Agency is responsible for ensuring that the adjudicated youth proctor home and proctor parents continue to meet the standards set out in these rules, and correct deficiencies when they are noted by OYA. OYA will determine final approval or disapproval of any exceptions to these rules.

(7) If an adjudicated youth proctor home fails to comply with these rules, OYA may deny an application, place the home on inactive referral status, or suspend or revoke the adjudicated youth proctor home certification, in accordance with the provisions of OAR 416-530-0090. The proctor parent may appeal this decision in accordance with the provisions of OAR 416-530-0090.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 7-2016, f. & cert. ef. 8-5-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04

Or. Admin. R. 416-530-0130 Certification Standards for Private Child-caring Agencies: General Provisions for Proctor Parents

(1) The Private Child-caring Agency must ensure that its proctor parents meet the standards set out in these rules and OAR chapter 416, division 800.

(2) The Private Child-caring Agency must provide structured supervision 24 hours per day, seven days a week, to adjudicated youth placed in adjudicated youth proctor homes. The Private Child-caring Agency must provide specific proctor parent support services that enhance a proctor parent’s ability to successfully meet the supervision needs of adjudicated youth placed by OYA.

(3) Under no circumstances may OYA adjudicated youth reside with youth served under the Private Child-caring Agency's other programs, including private pay placements and placements of youth from out-of-state, except for adjudicated youth placed through Interstate Compact with courtesy supervision provided by OYA.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04

Or. Admin. R. 416-530-0140 Certification Standards for Private Child-caring Agencies: Adjudicated Youth Proctor Home Requirements

(1) The Private Child-caring Agency must ensure that its adjudicated youth proctor homes meet the standards of OAR chapter 416, divisions 335, 500, 530 and 800.

(2) The Private Child-caring Agency must develop and maintain written agreements with proctor parents. These agreements must be approved by OYA prior to placement of OYA adjudicated youth in the adjudicated youth proctor home and must address the following supervision responsibilities and reporting requirements.

(a) Supervision responsibilities.

(A) Proctor parents may, with the Private Child-caring Agency's prior written consent, schedule 48 hours per month of time away from adjudicated youth care responsibility.

(B) At least one certified proctor parent or certified respite provider must be on premises at all times that youth adjudicated are present in the home.

(b) Reporting requirements.

(A) Proctor parents must maintain daily required documentation and submit reports to Private Child-caring Agency as required on each adjudicated youth in placement.

(B) Proctor parents with whom adjudicated youth are placed must contact Private Child-caring Agency staff immediately in the case of emergencies.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04

Or. Admin. R. 416-530-0150 Certification Standards for Private Child-caring Agencies: Combination of Care

(1) Except as provided in section (2) below, the Private Child-caring Agency or its adjudicated youth proctor homes must not care for individuals on a commercial basis, or accept any person for placement from any source other than OYA.

(2) If such combination of care is approved in writing by OYA, the provisions of interagency agreements must be met in addition to the applicable statutes, administrative rules, and policies of all agencies involved.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04

Or. Admin. R. 416-530-0160 Certification Standards for Private Child-caring Agencies: Enforcement

In order for OYA to monitor for continued compliance with these standards, the Private Child-caring Agency must ensure that OYA has the right of entry, privilege of inspection, and access to staff and all records of the Private Child-caring Agency and the adjudicated youth proctor home.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04

Or. Admin. R. 416-530-0170 Certification Standards for Private Child-caring Agencies: Exceptions

(1) Any exceptions to OAR 416-530-0100 through 416-530-0170 must be reviewed and approved or denied by the OYA Community Services assistant director.

(2) A Certifier must submit a written exception request, state the need for the exception, sign the request, and submit it to Foster Care Program manager for approval. If approved, the exception must be submitted for final approval by the OYA Community Services assistant director.

(3) Each request for an exception must be accompanied by a written plan showing how the safety of the adjudicated youth in placement will be ensured while the exception is in effect.

(4) The OYA Community Services assistant director must evaluate each request for an exception on its own merits to determine whether the exception is supported by a written plan adequate to ensure the safety of adjudicated youth in placement. Granting an exception does not set a precedent that must be followed by the OYA Community Services assistant director when evaluating subsequent requests for exceptions.

(5) In evaluating a request for an exception, the OYA Community Services assistant director must consider, among other factors, the ratio of adults to adjudicated youth; the level of supervision available; the skill level of the foster parent; and the needs of other children in the home.

(6) Exceptions to rules relating to significant safety risks are prohibited.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 2-2007, f. & cert. ef. 7-13-07
OYA 15-2004, f. & cert. ef 11-12-04

Or. Admin. R. 416-530-0200 Certification Standards for Transitional Care

(1) This rule establishes standards for foster parents who offer specific independent living and transitional services for adjudicated youth 16 through 24 years of age.

(2) Unless otherwise specified in this rule, the provisions of OAR 416-530-0000 through 416-530-0090 and OAR chapter 416, divisions 335 and 800, apply to foster parents and foster homes that provide independent living and transitional services to adjudicated youth.

(3) Qualifications for foster parents providing transitional care. Foster parents providing transitional care must be at least 25 years of age due to the age of the adjudicated youth in transitional care.

(4) Respite transitional care. When foster parents who provide transitional care are absent from supervising an adjudicated youth at home during the day, the adjudicated youth may remain in the foster home unsupervised if approved by the adjudicated youth’s JPPO, Certifier, and the foster parent. If an adjudicated youth’s JPPO, Certifier, or foster parent determines that supervision is required, an OYA-certified respite provider who is at least 25 years of age and capable of assuming transitional care responsibilities must be present to supervise the adjudicated youth. Any adult who is at least 25 years of age and has obtained prior approval from the foster parent, JPPO, and Certifier may provide supervision of an adjudicated youth in a foster home for three hours or less.

(5) Food and nutrition. Foster parents who provide transitional care must:

(a) Assist adjudicated youth with meal planning, and may provide meal preparation instruction;

(b) Provide adjudicated youth daily access to kitchen facilities to prepare meals and snacks; and

(c) Assist adjudicated youth to meet any special or cultural dietary needs of the adjudicated youth, including those ordered by a physician.

(6) Foster parents who provide transitional care must help facilitate the adjudicated youth’s money management skills to prepare for independent living and to meet any court-ordered financial obligations.

(7) Foster parents who provide transitional care must ensure adjudicated youth have access to necessary transportation.

(8) Foster parents who provide transitional care must report to OYA when an adjudicated youth needs corrective or follow-up medical, mental health, or dental care, and assist adjudicated youth in arranging necessary care.

(9) Foster parents who provide transitional care must assist adjudicated youth in understanding the purpose of medications, medication side effects, and how to manage their medications. Either a foster parent or the adjudicated youth may administer the adjudicated youth’s daily dosage of medication. If the adjudicated youth self-administers the daily dosage, the foster parent must verify that the adjudicated youth self-administered the correct dosage. Adjudicated youth placed in transitional care may have access to over-the-counter medications with approval from the JPPO.

(10) Foster parents who provide transitional care must assist adjudicated youth in pursuing educational and vocational interests and opportunities in accordance with the adjudicated youth’s case plan.

(11) Foster parents who provide transitional care must encourage adjudicated youth to develop and participate in prosocial leisure and community activities.

(12) Adjudicated youth in transitional care may have unsupervised access to swimming pools and hot tubs if approved by the foster parent and JPPO.

(13) Adjudicated youth in transitional care may have locks on their bedroom doors if approved by the Certifier and JPPO. A foster parent must have access to any locked room.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024
OYA 1-2016, f. & cert. ef. 3-2-16
OYA 1-2014, f. & cert. ef. 1-15-14
OYA 5-2009, f. 10-27-09, cert. ef. 11-2-09

Division 550 Treatment Foster Care

Or. Admin. R. 416-550-0000 Purpose

Treatment foster care is a program for adjudicated youth and their families whose out-of-home treatment needs can be met through services delivered by treatment foster parents, or professional staff trained, supervised and supported by an agency. These rules set standards for the operation of a treatment foster care program. All agencies under contract with OYA to provide this service, or proposing to provide this service, must adhere to these rules.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892
OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2005, f. & cert. ef. 3-25-05
OYA 1-2000, f. & cert. ef. 4-4-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-550-0010 Definitions

(1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age.

(2) Aftercare: The plan which outlines the services and resources that will be needed when the adjudicated youth leaves the treatment foster care program.

(3) Agency: A public or private organization which contracts with OYA to provide treatment foster care services.

(4) Agency staff: A person employed by the treatment foster care program that gives support to the treatment foster parent or the adjudicated youth/family (for example, the Treatment Specialist or Clinical Supervisor).

(5) Case Plan: A formal plan with prescribed interventions and documentation requirements and which is a tool to assist staff in managing cases, setting goals and reviewing adjudicated youth interventions and progress. A case plan constitutes and fulfills the requirements of the Reformation Plan as defined in ORS 420A.005, 420A.125 and 420A.010 and is created and maintained in the statewide Juvenile Justice Information System, JJIS.

(6) Clinical Supervisor: A person employed by the treatment foster care program who provides support, supervision and consultation to the Treatment Specialist and/or the treatment foster parent.

(7) Crisis-on-call: 24-hour-a-day, seven-day-a-week availability, either by phone or in person, for the provision of emergency and/or back-up services.

(8) Matching: The process of placing an adjudicated youth in a home that can specifically meet the individual reformation needs of that particular adjudicated youth. These needs include, but are not limited to, a treatment foster parent's ability to speak the language of the adjudicated youth, the home's proximity to the adjudicated youth's family, and same race, ethnicity and culture.

(9) Respite care: A temporary arrangement of 12 hours or more, to allow the treatment foster parent(s) time away from the adjudicated youth.

(10) Respite provider: An individual approved by OYA who temporarily assists with supervision of adjudicated youth when the treatment foster parent is not available.

(11) Treatment: The coordinated provision of services designed to produce a planned outcome in a person's behavior, attitude or general condition. Treatment is based on a thorough assessment of factors contributing to the attitude, condition or behavior.

(12) Treatment foster care: The model of care in which an adjudicated youth receives treatment in the foster home from the treatment foster parent who is under the supervision and support of a professional therapist of an identified program. A distinct, powerful, and unique model of care that provides adjudicated youth with a combination of the best elements of traditional foster care and residential treatment. In treatment foster care, the positive aspects of the nurturing and therapeutic family environment are combined with active and structured treatment. Treatment foster care programs provide, in a clinically effective and cost-effective way, individualized and intensive treatment for adjudicated youth who would otherwise be placed in institutional settings.

(13) Treatment foster care program: A separately identifiable unit of a larger agency or an independent agency itself that has been certified by OYA to provide treatment foster care services.

(14) Treatment foster parents: In-home treatment providers of a treatment foster care program certified by OYA who implement reformation strategies identified in the case plan in addition to carrying out their regular foster care responsibilities.

(15) Treatment Plan: An individualized plan for each adjudicated youth developed by a treatment team that is goal-oriented and of a particular duration. Each plan will identify desired behavior changes and a time estimate for achieving the plan goals. The treatment plan is congruent with the adjudicated youth’s case plan.

(16) Treatment Specialist: A person employed by the treatment foster care program who provides training, supervision, support and consultation to the treatment foster parent.

(17) Treatment team: Those people concerned with the care and treatment of the adjudicated youth. The team may be comprised of, but is not limited to, the treatment foster parent(s) and the Treatment Specialist.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892
OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2005, f. & cert. ef. 3-25-05
OYA 1-2000, f. & cert. ef. 4-4-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-550-0020 Overview

Adjudicated youth appropriate for treatment foster care have serious emotional or behavioral disorders. The level of supervisory treatment and family intervention needs of these adjudicated youth is comparable to those served in residential treatment facilities. Treatment foster care consists of:

(1) A treatment foster care agency/foster care treatment program with staff who give support to the treatment foster parent and the adjudicated youth/family; and

(2) Treatment foster parents who implement treatment strategies identified in the treatment plan in addition to carrying out their regular foster care responsibilities.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892
OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2005, f. & cert. ef. 3-25-05
OYA 1-2000, f. & cert. ef. 4-4-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-550-0030 Treatment Foster Care Program

A treatment foster care program must be a separately identifiable unit of a larger agency or be an independent agency itself:

(1) Eligibility:

(a) The program must meet standards as defined in OAR chapter 416, division 530 to be eligible to be a treatment foster care program;

(b) Selection of a treatment foster care program will be made by the Oregon Youth Authority based on current need and ability to fund the program.

(2) Administration: The treatment foster care program must designate an individual who is responsible for the provision and oversight of all essential tasks and services described in these rules.

(3) Staff:

(a) Clinical Supervisor's responsibilities/qualifications include:

(A) Clinical Supervision. The Clinical Supervisor provides regular support, consultation and guidance to the Treatment Specialist. The Clinical Supervisor to Treatment Specialist ratio must not exceed one to five;

(B) Treatment Planning. The Clinical Supervisor takes ultimate clinical responsibility for the development of a comprehensive treatment plan based on a thorough assessment for each adjudicated youth admitted to the program. This plan must be congruent with and supportive of the case plan developed by the Oregon Youth Authority. She or he supervises ongoing treatment planning and implementation for each adjudicated youth, evaluating all progress reports and treatment plan updates;

(C) Treatment Team. The Clinical Supervisor oversees and supports the Treatment Specialist as leader of the treatment team and shares ultimate responsibility for team plans and decisions;

(D) Crisis On-Call. The treatment foster care program provides coordination and back-up to assure that 24-hour on-call crisis intervention services are available and delivered as needed to treatment foster parents, adjudicated youth, and families;

(E) Qualifications. The Clinical Supervisor must have a graduate degree in a human service field plus a minimum of two years' experience in the placement/treatment of adjudicated youth and families. The Clinical Supervisor must be familiar with clinical research and practice. If the education and experience of the Clinical Supervisor are not recognized, additional clinical consultation will be provided. Clinical consultants must be licensed or otherwise recognized as qualified by the state of Oregon in the human service field.

(b) Treatment Specialist's responsibilities/qualifications include:

(A) Treatment Team. The Treatment Specialist takes primary day-to-day responsibility for leadership, training, support and consultation to the treatment team. The Treatment Specialist organizes and manages all team meetings. If the Treatment Specialist is prevented from participation in a team meeting by a crisis or personal leave reasons, the Clinical Supervisor takes over that responsibility. As team leader, the Treatment Specialist manages team decision-making regarding the care and treatment of the adjudicated youth and services to the adjudicated youth's family;

(B) Treatment Planning. Under the supervision of the Clinical Supervisor, the Treatment Specialist takes primary responsibility for the preparation of each adjudicated youth's written comprehensive treatment plan and of quarterly written updates of the plan. The Treatment Specialist signs off on treatment plans and updates. The Treatment Specialist seeks to inform and involve other team members in this process including treatment foster parents, the adjudicated youth and the adjudicated youth's family;

(C) Support/Consultation to Treatment Foster Parents. The Treatment Specialist will provide regular support and technical assistance to treatment foster parents in their implementation of the treatment plan and with regard to other responsibilities they undertake. The Treatment Specialist will provide at least weekly contact in person with the treatment foster parent of each adjudicated youth on their caseload. The Treatment Specialist will visit the treatment home to meet with at least one treatment foster parent no less than once monthly;

(D) Caseload. The maximum number of adjudicated youth that may be assigned to a single individual is 10;

(E) Contact with Adjudicated youth. The Treatment Specialist or other treatment foster care program staff will regularly spend time, outside the presence of the treatment foster parent, with adjudicated youth in care to allow them the opportunity to communicate special concerns, to make a direct assessment of their progress, and to monitor for potential problems in the current placement. Such face-to-face contact must occur at least twice monthly;

(F) Support/Consultation to the Families of Adjudicated youth. The Treatment Specialist will arrange for and encourage regular contact and visitation between adjudicated youth and their parents and other family members and provide for or coordinate treatment or training to the family as specified in the treatment plan. The Treatment Specialist will seek to involve the adjudicated youth's parents, when appropriate, in treatment team meetings, plans and decisions and to keep them informed of the adjudicated youth's progress in the program;

(G) Community Liaison and Advocacy. The Treatment Specialist will determine which community resources are required and how they may be used to meet the objectives of the adjudicated youth's treatment plan. The Treatment Specialist will advocate for and coordinate the provision of such services and will provide technical assistance to community service providers as needed to maximize the benefit of these services to the adjudicated youth;

(H) Crisis On-Call. The Treatment Specialist or other professional staff, as designated by the treatment foster care program, will be on-call to treatment foster parents, adjudicated youth and their families on an around-the-clock, seven-day-a-week basis;

(I) Qualifications. The Treatment Specialist will have at a minimum a B.A. or B.S. degree in a human service field plus two years’ direct experience working with adjudicated youth and families, or an A.A. degree with three years’ experience working with adjudicated youth and families.

(4) Staff Training and Support: Liability Insurance. Professional staff will be covered by liability insurance.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892
OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2005, f. & cert. ef. 3-25-05
OYA 1-2000, f. & cert. ef. 4-4-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-550-0040 Treatment Foster Parents

Treatment foster parents serve as in-home treatment agents implementing strategies specified in an adjudicated youth's treatment plan including support of the adjudicated youth's family relationships:

(1) Qualifications and Selection:

(a) Treatment foster parent(s) must be certified as an OYA foster home as defined in OAR chapter 416, divisions 530 and 800; and assume the responsibilities outlined in OAR chapter 416, division 530 in addition to the those in this rule.

(b) Treatment foster parent(s) must be employees of, or have a contract with, a treatment foster care program;

(c) Prospective applicants, foster parent(s) and members of the household 18 years of age and older will consent to a criminal record check by the agency. OYA may require a criminal record check for any employee, volunteer, or other adult having regular contact with adjudicated youth placed in the foster home. OYA may require a criminal history on members of the household under 18 years if there is reason to believe that member may pose a risk to adjudicated youth placed in the home. OYA may require that the applicant(s)/foster parent(s)/member(s) of the household provide fingerprints and processing fees for the purpose of a criminal record check following procedures outlined in OAR chapter 416, division 800.

(d) Language. At least one treatment foster parent must demonstrate effective communication in a language of the adjudicated youth in the treatment foster parent's care, and in a language of the program/treatment team with which they work;

(e) Age. Treatment foster parents must be at least 21 years of age;

(f) Health. The physical health of treatment foster parents must be equal to the stress inherent in the care of a special needs adjudicated youth as evidenced by a physician's statement to that effect;

(g) Transportation. Treatment foster parents must have access to reliable transportation. If using a car, they must have a valid Oregon driver's license and document ownership of liability insurance as required by law;

(h) Physical Discipline. Treatment foster parents must agree not to use physical discipline with adjudicated youth placed in their care and to adhere to the agency's policies regarding the use of discipline generally.

(2) Responsibilities:

(a) List of Responsibilities. Prospective treatment foster parents must be provided with a written list of duties clearly detailing their responsibilities as treatment foster parents prior to their approval by the program;

(b) Treatment Responsibilities:

(A) Treatment Planning. The treatment foster parent will assist the Treatment Specialist and other team members in the development of treatment plans for the adjudicated youth or adjudicated youth in their care. These treatment plans must be congruent with the case plan developed by OYA;

(B) Treatment Implementation. The treatment foster parent will assume primary responsibility for implementing the in-home treatment strategies specified in the adjudicated youth's initial and comprehensive treatment plans and revisions thereof;

(C) Treatment Team Meetings. The treatment foster care parent will work cooperatively with other team members under the leadership of the Treatment Specialist and attend team meetings, training sessions and other gatherings required by the program or by the adjudicated youth's treatment plan;

(D) Record Keeping. The treatment foster care parent will systematically record information and document activities as required by the agency and the standards under which it operates.

(E) Contact with Adjudicated youth's Family. The treatment foster care parent will assist the adjudicated youth in maintaining contact with their family and work actively to support and enhance these relationships, unless contraindicated in the adjudicated youth's treatment plan;

(F) Community Relations. The treatment foster care parent will develop and maintain positive working relationships with service providers in the community such as schools, departments of recreation, social service agencies, and mental health programs and professionals;

(G) Advocacy. The treatment foster care parent, in concert with the treatment foster care program Treatment Specialist and other staff, will advocate on behalf of the adjudicated youth to achieve the goals identified in the adjudicated youth's treatment plan, to obtain educational, vocational, medical and other services, and to assure full access to and provision of public services to which the adjudicated youth is legally entitled.

(H) Notice of Request for Adjudicated youth Move. Unless a move is required to protect the health or safety of the adjudicated youth, other treatment foster care family members or other adjudicated youth in the treatment foster home, the treatment foster parent will provide at least 14 days’ notice to program staff if requesting an adjudicated youth's removal from the home so as to allow a planned and minimally disruptive transition. OYA will be notified of such change.

(3) Treatment Foster Parent Training:

(a) Training of treatment foster parents will be a systematic, planned, and documented process which includes competency-based skill training and is not limited to the provision of information through didactic instruction;

(b) Pre-service Training. Prior to the placement of adjudicated youth in their homes, all treatment foster parents must satisfactorily complete 20 pre-service hours of primarily skill-based training consistent with the agency's treatment methodology and the service needs of the adjudicated youth;

(c) Annual Inservice Training. A written, agency-approved, professional development plan will be on record in each agency which describes the content and objectives of in-service training for all agency treatment foster parents. All treatment foster parents must satisfactorily complete a minimum of 40 hours of inservice training annually based on the training needs identified in the agency's professional development plan and the specific services treatment foster parents are required to provide. Inservice training should emphasize skill development, as well as knowledge acquisition, and may include a variety of formats and procedures including in-home training provided by agency casework staff;

(d) Evaluation of Training. All treatment foster parents must be provided an opportunity to evaluate mandated training.

(4) Treatment Foster Parent Support:

(a) Information Disclosure. All information the treatment foster care program receives concerning an adjudicated youth to be placed with a treatment foster parent will be shared with and explained to the prospective treatment foster parent prior to placement. Agency/treatment foster care program staff will discuss with the prospective treatment foster parents the adjudicated youth's strengths and assets, potential problems and needs, and initial intervention strategies for addressing these areas. As full treatment team members, treatment foster parents have access to full disclosure of information concerning the adjudicated youth. With this access goes the responsibility to maintain agency standards of confidentiality;

(b) Respite Care. Treatment foster parents will have access to both planned and crisis respite care by providers who have been selected and trained by the program in providing respite care. Respite providers must be informed of the adjudicated youth's treatment plan and supervised in their implementation of the in-home strategies it specifies;

(c) Counseling. Treatment foster parents and other family members in the home will have assistance in finding counseling when requested for personal issues/problems caused or exacerbated by their work as treatment foster parents. Such issues may include, for example, marital stress, or abuse of their own children by an adjudicated youth placed in their care by the treatment foster care program;

(d) Support Network. The treatment foster care program will facilitate the creation of formal or informal support networks for its treatment foster parents as, for example, through the coordination of parent support groups or treatment foster parent "buddy" systems;

(e) Financial Support. Agency financial support to treatment foster parents must cover the cost of care as well as payment for the difficulty of care associated with their treatment responsibilities and the special needs of the adjudicated youth they serve;

(f) Damages and Liability. The agency must have a written plan concerning compensation for damages done to a treatment foster parent's property by an adjudicated youth placed in their care. This plan must be given and explained to prospective treatment foster parents as part of their pre-service orientation. The agency must provide or assist treatment foster parents in obtaining liability coverage. Treatment foster parents are required to document that they carry home/apartment, automobile (if they have a motor vehicle), property and liability insurance themselves in addition to any liability and damage coverage provided by or through their treatment foster care program.

(5) Treatment Home Capacity. The number of treatment foster care adjudicated youth placed in one treatment foster home will not exceed two, but preferably will be one. The total number of youth living in a treatment foster home, including the foster parents' own children, will not exceed five. Treatment foster parents have the right to refuse placement of any adjudicated youth they feel is inappropriate for the home, endangers the safety of adjudicated youth currently in the home, or treatment foster care family members. On a case-by-case basis, a treatment foster care adjudicated youth may be eligible to remain in the treatment foster care home as an on-going foster care placement upon completion of the treatment foster care program if there is special justification and it is in the best interests of the adjudicated youth. At no time will there be more than one on-going foster care placement in a treatment foster care home with two treatment foster care adjudicated youth.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892
OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2005, f. & cert. ef. 3-25-05
OYA 7-2002, f. & cert. ef. 1-18-02
OYA 1-2000, f. & cert. ef. 4-4-00
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-550-0050 Adjudicated Youth and Their Families

Placement and Support:

(1) Matching. Placement of an adjudicated youth will be made only after careful consideration of how well the prospective treatment foster parent will meet the adjudicated youth's needs and preferences and will represent a reasonable "match" for the adjudicated youth.

(2) Assessment. To achieve sound placement decisions and planning for relevant treatment services to adjudicated youth, agency/treatment foster care program staff must receive and review the following case material prior to an adjudicated youth's admission: current case plan(s), legal documents and relevant police records, etc., social history information, previous and current (within a year of referral date) psychological assessments if available, school information, medical information, previous placement history and outcomes, potential problems and information on the adjudicated youth's skills, interests, talents and other assets.

(3) Records. For adjudicated youth admitted to treatment foster care, an individual case record will be kept which includes the above information as well as the following:

(a) Personal identifying information;

(b) A pre-admission psychological evaluation;

(d) Educational history including school reports and available standardized test results;

(e) Medical information including sight, hearing and dental exam reports, current medications and allergies, adjudicated youth's physical description, immunization records, medical history and Medicaid/SSI number, if applicable;

(f) Authorizations for routine and emergency medical care, dental care and other medical procedures;

(g) Other required authorizations such as authorization for out-of-state travel, participation in special activities, publicity releases, etc.;

(h) Correspondence with/from agencies involved with the adjudicated youth;

(i) The initial treatment plan;

(j) The comprehensive treatment plan;

(k) Progress reports;

(l) Case notes including contacts with the adjudicated youth's family/extended family;

(m) Incident logs or records on serious behavior problems, police and relevant juvenile court records and reports when possible, illnesses or injuries.

(4) Adjudicated Youth Access to Treatment Foster Care Program Staff. Adjudicated youth will have access to designated treatment foster care program staff at all times to discuss concerns including any problems they are experiencing with their treatment foster family. Treatment foster care program staff will provide regular one-to-one contact with each adjudicated youth on at least a twice monthly basis.

(5) Adjudicated Youth-Family Contact/Relationships. Unless specifically proscribed by court or custodial agency decision, adjudicated youth will have access to regular contact with their families as described in the treatment plan.

(6) Rights of Adjudicated youth in Treatment Foster Care. Adjudicated youth in treatment foster care have the same basic rights as all adjudicated youth including the right to privacy, to humane treatment, to adequate shelter, clothing, nutrition, essential personal care items and allowances, and access to religious worship services of their choice. The treatment foster care program will explain to each adjudicated youth what their rights are in a manner consistent with the adjudicated youth's level of understanding, and make this information available to the adjudicated youth in writing.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892
OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-550-0060 Treatment

(1) Initial Treatment Plan. An initial written treatment plan will be completed by the time of the adjudicated youth's admission to the program. The plan will describe specific tasks to be carried out by the treatment team during the first 45 days of placement. It will describe strategies to ease the adjudicated youth's adjustment to the treatment foster parent’s home and to directly assess the adjudicated youth's strengths, skills, interests and needs for treatment within the home. The initial plan should assess short-term goals for the first 45 days of placement, identify potential problems likely to be encountered with the adjudicated youth and specify how the treatment team is to respond to them.

(2) Comprehensive Treatment Plan. A written comprehensive treatment plan will be completed for each adjudicated youth admitted within 45 days of admission addressing the long-term goals of treatment including criteria for discharge, projected length of stay in the program, projected post-treatment foster care setting and aftercare services. It will be congruent with the case plan developed by OYA. The plan will identify and build on the adjudicated youth's strengths and assets as well as respond to presenting problems. The comprehensive treatment plan will include proactive short-term treatment goals which are measurable and time-limited along with specific strategies for promoting and regularly evaluating progress.

(3) Quarterly Progress Reports/Updates. Each adjudicated youth's treatment plan will be specific, reviewed via quarterly reports and revised as necessary. Quarterly reports will document progress on specific short-term treatment goals, describe significant revisions in goals and strategies, and specify any new treatment goals and strategies initiated during the period covered. The quarterly progress report will summarize progress and note changes regarding long-term placement and treatment goals. The interagency team members will be invited to participate in the process to review and approve the quarterly report.

(4) Aftercare Plan. All planned discharges from treatment foster care will be reviewed and discussed by the treatment team, including the parole and probation worker and adjudicated youth. An approved aftercare plan will be ready for implementation prior to the adjudicated youth's planned departure from the program. The plan will specify the nature, frequency and duration of aftercare services and designate responsibility for service delivery. The treatment foster care program will provide these aftercare services directly or provide consultation to the person/agency assuming responsibility for working with the adjudicated youth following discharge from the program. An aftercare plan also will be developed in a timely fashion for an adjudicated youth whose discharge is not planned, with follow-up services provided or assisted as described here.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892
OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-550-0070 Program Statement

All treatment foster care programs will have a written program statement which describes its mission, organizational structure, services, policies, record-keeping and evaluation procedures. The program statement will describe:

(1) The treatment foster care program's treatment philosophy and the specific treatment modality(s) it employs.

(2) The services the treatment foster care program provides.

(3) The adjudicated youth it is designed to serve with regard to age, gender, geographic service area and types of special needs the program is prepared to address. Adjudicated youth served must exhibit an identifiable special need.

(4) A staffing pattern which allows for the intensity of service required in treatment foster care and designates the individual responsible for program administration.

(5) How the services to be provided will reflect the cultural diversity of the community and be responsive to the needs of the community.

(6) A policy assuring that the treatment foster care program staff and treatment foster parents adhere to practices that respect and promote positive cultural or ethnic identity.

(7) A policy on discipline and physical.

(8) The plan for crisis intervention procedures.

(9) The protocol for investigating, responding to and reporting allegations of misconduct and/or abuse by treatment foster parents, treatment foster care program/agency staff, or an adjudicated youth.

(10) The policy advising adjudicated youth and parents of their rights and the grievance procedures available to them.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892
OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-550-0080 Program Evaluation

(1) Documentation of Service Delivery. A treatment foster care program must clearly document delivery of all services described in its program statement as well as compliance with all minimum operating standards described above.

(2) Individual Treatment. Treatment foster care programs must document the implementation of all treatment plans and track progress on all long- and short-term treatment goals throughout each adjudicated youth's tenure in care.

(3) Performance Evaluations. Treatment foster care programs will provide to treatment foster parents and professional staff written performance evaluations at least annually which include descriptive assessments of their performance of specific job responsibilities and goals for improved performance.

(4) Program Evaluation. Treatment foster care programs will have a program evaluation plan which describes information to be collected, summarized and analyzed at least annually. The plan will identify who will have access to the evaluation and how it will be used. The evaluation will include demographics on current adjudicated youth and their families, treatment families and professional staff; aggregated information describing in-program events such as placement disruptions; and a summary of information collected through follow-up tracking of adjudicated youth discharged from the program. The plan also will provide for periodic evaluations of program services by treatment foster parents, adjudicated youth and their families.

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892
OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 7-2005, f. & cert. ef. 3-25-05
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Division 700 Confidentiality and Inadmissibility of Mediation Communications

Or. Admin. R. 416-700-0011 Confidentiality and Inadmissibility of Mediation Communications

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) Exceptions to confidentiality and inadmissibility.

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

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

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

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

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

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

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

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

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

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

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

(A) A request for mediation; or

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

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

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as 41required by statute.

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

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

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

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

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

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

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

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

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

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

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

History

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
OYA 9-2000, f. & cert. ef. 12-12-00

Division 800 Criminal Records Checks

Or. Admin. R. 416-800-0000 Purpose

(1) The Oregon Youth Authority (OYA) seeks to ensure the security and safety of the adjudicated youth and others in its care and custody. OYA values excellence in public service, partnerships with local communities and other agencies, openness and accountability and provision of service in a fair, respectful, and humane manner. As a state agency, OYA employees serve as public officials. As public officials, OYA employees must adhere to ethics and boundaries described in statute and agency policy. OYA expects its Volunteers, contractors, and Foster Care Providers to also maintain these ethics and boundaries.

(2) These rules control how OYA accesses Criminal Offender Information about a Subject Individual through Criminal Records Checks and its use of that information to determine whether the Subject Individual is fit to provide services to OYA as an employee, Volunteer, Foster Care Provider, contractor, or vendor. The fact that OYA approves a Subject Individual as fit does not guarantee the individual a position as an OYA employee, Volunteer, Foster Care Provider, contractor, or vendor.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 12-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
OYA 11-2005, f. & cert. ef. 4-20-05
OYA 8-2003, f. & cert. ef. 9-23-03
OYA 8-2002, f. & cert. ef. 1-18-02
OYA 5-1997, f. & cert. ef. 10-13-97
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-800-0010 Definitions

(1) Approved: Pursuant to a preliminary Fitness Determination under OAR 416-800-0041 or a final Fitness Determination under OAR 416-800-0050, OYA has determined that the Subject Individual is fit to be an employee, Volunteer, Foster Care Provider, contractor, or vendor in a position covered by OAR 416-800-0020.

(2) Conviction: A final judgment on a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere (no contest), or any determination of guilt entered by a court of law against a Subject Individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(3) Criminal Offender Information: Records and related data as to physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police Bureau of Criminal Identification for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release.

(4) Criminal Records Check: One or more of the following processes undertaken to check the criminal history of a Subject Individual:

(a) Computerized Criminal Records Check: A check of Criminal Offender Information conducted through use of the Law Enforcement Data Systems (LEDS), including information from the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC), and the National Law Enforcement Telecommunications System (NLETS).

(b) Fingerprint-based Criminal Records Check: A national check of federal Criminal Offender Information through the submission of fingerprints and other identifying data, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at OYA’s request.

(5) Denied: A determination by OYA pursuant to a preliminary Fitness Determination under OAR 416-800-0041 or a final Fitness Determination under OAR 416-800-0050, that the Subject Individual is not fit to be an employee, Volunteer, Foster Care Provider, contractor, or vendor in a position covered by OAR 416-800-0020.

(6) False Statement: In association with an activity governed by these rules, a Subject Individual either: (a) provided OYA with materially false information about his or her criminal history, such as, but not limited to, materially false information about his or her identity or Conviction record; or (b) failed to provide to OYA information material to determining his or her criminal history.

(7) Fitness Determination: A determination made pursuant to the process established in OAR 416-800-0041 (preliminary Fitness Determination) or 416-800-0050 (final Fitness Determination) that a Subject Individual is or is not fit to be an employee, Volunteer, contractor, vendor, or Foster Care Provider in a position covered by OAR 416-800-0020.

(8) Foster Care Provider: A person who supervises an adjudicated youth in an adjudicated youth foster home setting, including proctor parents as defined in OAR 416-530-0110(4); transitional care respite providers as defined in OAR 416-530-0200(2)(d); transitional care providers as defined in OAR 416-530-0200(2)(f); and foster parents as defined in 416-530-0010(12).

(9) Member of the Household: Any person, other than an OYA adjudicated youth, who lives in an adjudicated youth’s home, on the property where an OYA adjudicated youth’s home is located, is a frequent visitor to the home or who assists in the care provided to an OYA adjudicated youth including but not limited to Volunteers or a person providing services such as tutoring, recreation, relief care, household chores, or other services, whether paid or unpaid.

(10) Subject Individual: An individual identified in OAR 416-800-0020 as someone from whom OYA may require a Criminal Records Check.

(11) Volunteers: Persons who, as defined in OAR 416-450-0010, provide services to OYA on a non-paid basis.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 12-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
OYA 15-2005, f. & cert. ef. 6-30-05
OYA 11-2005, f. & cert. ef. 4-20-05
OYA 8-2003, f. & cert. ef. 9-23-03
OYA 8-2002, f. & cert. ef. 1-18-02
OYA 5-1997, f. & cert. ef. 10-13-97
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-800-0020 Subject Individuals

“Subject Individual” means a person who is required to complete a Criminal Records Check pursuant to these rules and from whom OYA may require fingerprints for the purpose of conducting a Criminal Records Check because the person:

(1) Is employed or applying for employment with OYA; or

(2) Provides services or seeks to provide services to OYA as a contractor, vendor, or Volunteer; or

(3) Operates or is an applicant to operate an adjudicated youth foster home, or who is an adult Member of the Household in the foster home.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 12-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
OYA 8-2003, f. & cert. ef. 9-23-03
OYA 8-2002, f. & cert. ef. 1-18-02
OYA 5-1997, f. & cert. ef. 10-13-97
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-800-0031 Criminal Records Check Process

(1) Disclosure of Information by Subject Individual.

(a) Preliminary to a Criminal Records Check, Subject Individuals must complete and sign a consent for criminal record check form and, if requested by OYA, a fingerprint card or scan form. The consent form may require the following information: name, date of birth, Social Security Number, physical characteristics, driver’s license or identification numbers, current address, prior residences, and any other information deemed necessary by OYA. The consent form may also require details concerning any circumstance listed in OAR 416-800-0041(3)(a)–(e).

(b) A Subject Individual must complete and submit to OYA the consent form and, if requested, a fingerprint card or scan form within three business days of receiving the forms.

(c) If the Oregon State Police or the FBI returns a Subject Individual’s fingerprint card or scan to OYA as “unreadable,” OYA may require the Subject Individual to submit a new fingerprint card or scan within a reasonable period of time, as established by OYA.

(d) Within a reasonable period of time, as established by OYA, a Subject Individual will disclose additional information as requested by OYA in order to resolve any issue(s) hindering the completion of a criminal record check.

(2) When a Criminal Records Check is Conducted. OYA may conduct, or request that the Oregon State Police conduct, a Criminal Records Check when:

(a) An individual meets the definition of a Subject Individual; or

(b) Required by federal law or regulation, by state or administrative rule, or by contract or written agreement with OYA.

(3) Which Criminal Records Check Is Conducted. When OYA determines under section (2) of this rule that a criminal record check is needed, OYA may request or conduct a computerized records check, a fingerprint-based records check, or both.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 181.557, 420A.010, 420A.020 & 420A.021
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10

Or. Admin. R. 416-800-0041 Preliminary Fitness Determination

(1) OYA may conduct a preliminary Fitness Determination if it is interested in hiring or appointing a Subject Individual on a preliminary basis, pending a final Fitness Determination.

(2) If OYA elects to make a preliminary Fitness Determination about a Subject Individual, pending a final Fitness Determination, OYA will make a preliminary Fitness Determination about a Subject Individual based on information disclosed by the Subject Individual and a computerized Criminal Records Check.

(3) OYA may approve a Subject Individual as fit on a preliminary basis if OYA has no reason to believe that the Subject Individual has made a False Statement and the information available to OYA does not disclose that the Subject Individual:

(a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 416-800-0055.

(b) Is being investigated for, has been arrested for, has an outstanding warrant for, or has been charged with a crime listed under OAR 416-800-0055.

(d) Has a deferred sentence or conditional discharge in connection with a crime listed in OAR 416-800-0055.

(e) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 416-800-0055 if committed by an adult.

(4) A Subject Individual may not appeal a preliminary Fitness Determination under the process described in OAR 416-800-0080.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10

Or. Admin. R. 416-800-0045 Hiring or Appointing on a Preliminary Basis

(1) OYA may hire or appoint a Subject Individual on a preliminary basis if OYA has Approved the Subject Individual on the basis of a preliminary Fitness Determination under OAR 416-800-0041.

(2) A Subject Individual hired or appointed on a preliminary basis may be provided provisional access to adjudicated youth and others in OYA custody and OYA facilities, training, orientation and work activities, pending the results of a final Fitness Determination described in these rules.

(3) A Subject Individual hired or appointed on a preliminary basis is deemed to be on trial service and, if terminated, prior to the completion of a final Fitness Determination under OAR 416-800-0050 may not appeal the termination under the process provided under OAR 416-800-0070.

(4) If a Subject Individual hired or appointed on a preliminary basis is Denied upon completion of a final Fitness Determination, as provided 416-800-0050, then OYA must immediately terminate the Subject Individual’s employment or appointment.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 12-2023, amend filed 01/10/2023, effective 01/10/2023
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10

Or. Admin. R. 416-800-0050 Final Fitness Determination

(1) If OYA elects to conduct a Criminal Records Check, OYA must make a Fitness Determination about a Subject Individual based on information provided by the Subject Individual under OAR 416-800-0030(1), the Criminal Records Check(s) conducted, if any, and any False Statements made by the Subject Individual.

(2) In making a Fitness Determination about a Subject Individual, OYA will consider the factors in subsections (2)(a)–(f) of this rule in relation to information provided by the Subject Individual under OAR 416-800-0030(1), any information obtained through a Criminal Records Check, and any False Statement made by the Subject Individual. To assist in considering these factors, OYA may obtain other information deemed relevant from the Subject Individual or any other source, including law enforcement and criminal justice agencies or courts within or outside of Oregon. To acquire other relevant information from the Subject Individual, OYA may request to meet with the Subject Individual, to receive written materials from him or her, or both. OYA will use all collected information in considering:

(a) Whether the Subject Individual has, pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or a comparable disposition) of, or has a pending indictment for a crime listed in OAR 416-800-0055;

(b) Whether the Subject Individual is being investigated for, has been arrested for, has an outstanding warrant for, or has been charged with a crime listed under OAR 416-800-0055.

(c) Whether the Subject Individual is currently on probation, parole, or any form of post-prison supervision for a crime listed in OAR 416-800-0055.

(d) Whether the Subject Individual has a deferred sentence or conditional discharge in connection with a crime listed in OAR 416-800-0055.

(e) Whether the Subject Individual has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 416-800-0055 if committed by an adult.

(f) The nature of any crime identified under subsection (2)(a);

(g) The facts that support the arrest, conviction, finding of guilty except for insanity, or pending indictment;

(h) The facts that indicate the Subject Individual made a False Statement;

(i) The relevance, if any, of a crime identified under subsection (2)(a) or of a False Statement made by the Subject Individual to the specific requirements of the Subject Individual’s present or proposed position, services or employment; and

(j) Intervening circumstances, to the extent that they are relevant to the responsibilities and circumstances of the services or employment for which the Fitness Determination is being made, including, but not limited to:

(A) The passage of time since the commission or alleged commission of a crime identified under subsection (2)(a);

(B) The age of the Subject Individual at the time of the commission or alleged commission of a crime identified under subsection (2)(a);

(D) The subsequent commission of another crime listed in OAR 416-800-0055;

(E) Whether a Conviction identified under subsection (2)(a) has been set aside or pardoned, and the legal effect of setting aside the Conviction or of a pardon; and

(F) A recommendation of an employer.

(3) Refusal to Consent. If a Subject Individual refuses to submit or consent to a Criminal Records Check, including fingerprint identification, OYA must deny the employment of the Subject Individual, or revoke or deny any applicable position or authority to provide services. A person may not appeal any determination made based on a refusal to consent.

(4) If a Subject Individual is Denied as not fit, then the Subject Individual may not be employed by OYA or provide services to OYA as a Volunteer, Foster Care Provider, contractor, or vendor.

(5) Under no circumstances must a Subject Individual be Denied under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
OYA 15-2005, f. & cert. ef. 6-30-05
OYA 11-2005, f. & cert. ef. 4-20-05
OYA 8-2003, f. & cert. ef. 9-23-03
OYA 8-2002, f. & cert. ef. 1-18-02
OYA 5-1997, f. & cert. ef. 10-13-97
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96

Or. Admin. R. 416-800-0055 Types of Crimes Relevant to a Fitness Determination

(1) Crimes Relevant to a Fitness Determination.

(a) All felonies;

(b) All misdemeanors;

(d) Any civil restraining order entered for spousal abuse, domestic violence, harassment, or stalking.

(2) Evaluation of Crimes. OYA must evaluate a crime on the basis of the laws of the jurisdiction in which the crime or offense occurred.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10

Or. Admin. R. 416-800-0065 Incomplete Fitness Determination

(1) OYA will close a preliminary or final Fitness Determination as incomplete when:

(a) Circumstances change so that a person no longer meets the definition of a “Subject Individual” under OAR 416-800-0020;

(b) The Subject Individual does not provide materials or information under OAR 416-800-0030(1) within the timeframes established under that rule;

(d) The Subject Individual fails or refuses to cooperate with OYA’s attempts to acquire other relevant information under OAR 416-800-0050(2);

(e) OYA determines that the Subject Individual is not eligible or not qualified for the position of employee, Foster Care Provider, contractor, Volunteer, or vendor for a reason unrelated to the Fitness Determination process; or

(f) The position is no longer open.

(2) A Subject Individual does not have a right to a contested case hearing under OAR 416-800-0080 to challenge the closing of an incomplete Fitness Determination.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10

Or. Admin. R. 416-800-0070 Notice to Subject Individuals of Fitness Determination

OYA must inform the Subject Individual who has been determined not to be fit on the basis of a Criminal Records Check, via certified mail to the most current address provided by the Subject Individual, of such disqualification.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 181.557, 420A.010, 420A.020 & 420A.021
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
OYA 8-2002, f. & cert. ef. 1-18-02
OYA 5-1997, f. & cert. ef. 10-13-97

Or. Admin. R. 416-800-0080 Appealing a Fitness Determination

(1) Model Rules of Procedure. OYA adopts the Attorney General's Model Rules of Procedure OAR 137-003-0001 to 137-003-0092 and 137-003-0580, effective July 2014, as procedural rules for contested case hearings. In addition to the Model Rules of Procedure adopted by OYA, the procedures set forth in this rule must apply.

(2) Process

(a) A Foster Care Provider or Foster Care Provider applicant may appeal a Fitness Determination by submitting a written request for a contested case hearing to the address specified in the notice provided under OAR 416-800-0070.

(b) A request for a hearing from a Foster Care Provider or Foster Care Provider applicant must be received by OYA within 60 days of the date of the notice.

(c) When a timely request is received by OYA under subsection (a), a contested case hearing must be conducted by a hearing officer appointed by OYA’s Director.

(3) Time and Place of Hearings. The time and place of hearing will be set by the hearing officer. Notice of the hearing must be served on the appropriate assistant director and interested parties at least ten days in advance of the hearing date.

(4) Discovery. OYA or the hearing officer may protect information made confidential by ORS 181.534(15) or other applicable laws and rules.

(5) Disclosure of LEDS Information. Information obtained through LEDS must be disclosed only in a manner consistent with Oregon State Police rules and regulations.

(6) No Public Attendance. Contested case hearings on Fitness Determinations are closed to non-participants.

(7) Proposed and Final Order

(a) Proposed Order. After a hearing, the hearings officer will issue a proposed order.

(b) Exceptions. Exceptions, if any, must be filed within 14 calendar days after service of the proposed order. The proposed order must provide an address to which exceptions must be sent.

(A) Unless the Foster Care Provider or Foster Care Provider applicant makes a timely request for hearing; or

(B) When a party withdraws a hearing request, notifies the agency or the hearing officer that the party will not appear, or fails to appear for the hearing.

(8) Remedy. The only remedy that may be awarded is a determination that the Foster Care Provider or Foster Care Provider applicant is fit. Under no circumstances must OYA be required to place a Foster Care Provider or Foster Care Provider applicant in any position, nor must OYA be required to accept services or enter into a contractual agreement with a Foster Care Provider or Foster Care Provider applicant.

(9) Challenging Criminal Offender Information. A Subject Individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or agencies reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation. To challenge information identified in this section (9), a Subject Individual may use any process made available by the agency that provided the information.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 2-2013, f. & cert. ef. 7-29-13
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10

Or. Admin. R. 416-800-0090 Record Keeping, Confidentiality

Any information obtained in the Criminal Records Check is confidential. OYA must restrict the dissemination of information obtained in the Criminal Records Check. Only those persons, as identified by OYA, with a demonstrated and legitimate need to know the information, may have access to Criminal Records Check records information.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 181.557, 420A.010, 420A.020 & 420A.021
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10

Or. Admin. R. 416-800-0095 Fees

(1) OYA may charge a fee for acquiring Criminal Offender Information for use in making a Fitness Determination. In any particular instance, the fee may not exceed the fee(s) charged OYA by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain Criminal Offender Information on the Subject Individual.

(2) OYA may charge the fee to the Subject Individual on whom Criminal Offender Information is sought, or, if the Subject Individual is an employee of an OYA contractor or vendor and is undergoing a Fitness Determination in that capacity, OYA may charge the fee to the Subject Individual’s employer.

History

Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021
OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10