DIVISION 530
YOUTH OFFENDER FOSTER CARE CERTIFICATION
416-530-0000
Purpose
(1) The OYA seeks to ensure community safety, youth offender accountability and youth offender reformation by providing youth offender foster care as an integral part of its continuum of services. OYA provides foster care for youth offenders 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 youth offender foster care services under the OYA Foster Care Program.
(c) The process by which a certification to maintain a youth offender 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 Youth Care Agency proctor parents unless otherwise specified.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.810 - 420.840 & 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2000, f.
& cert. ef. 4-4-00; OYA 15-2004, f. & cert. ef 11-12-04; OYA
2-2007, f. & cert. ef. 7-13-07
416-530-0010
Definitions
(1) Applicant: A person who applies for youth offender foster home certification to operate and maintain a foster home for youth offenders. For purposes of these rules, the term "Applicant" and "Applicants" are interchangeable and the use of one does not preclude the use of the other.
(2) Case Plan: A formal plan with prescribed interventions and documentation requirements and a tool to assist staff in managing cases, setting goals and reviewing youth offenders' 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).
(3) Certification process: The process of initial application or recertification to operate and maintain a youth offender foster home.
(4) Computerized criminal records checks: The access and use of automated or manual files, or associated systems available to the OYA as a criminal justice agency, through the Law Enforcement Data Systems (LEDS) including on-line information from the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC), the Department of Human Services (DHS) Child Abuse Registry, and the National Law Enforcement Telecommunications System (NLETS).
(5) Criminal records check: The process used by the OYA to conduct criminal records background checks on persons pursuant to these rules and OAR chapter 416, division 800, that includes computerized and fingerprint-based processes.
(6) Deadly weapon: Any instrument, article or substance specifically designed for, and presently capable of, causing death or serious injury.
(7) Denial: An action by the OYA to deny youth offender foster home certification or re-certification.
(8) Discipline: A process by which foster parents and the OYA provide sanctions for non-compliance with established rules of the foster home and conditions of probation or parole. Such sanctions assist youth offenders 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.
(9) 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.
(10) Foster care maintenance payment: A monthly payment to the foster parent to defray expenses such as the youth offender's room, board, clothing, allowance, personal incidentals, transportation, respite services, educational supplies, or other costs approved by the OYA.
(11) Foster parent: A person approved by the OYA who demonstrates special competence to supervise youth offenders with serious social and/or behavioral maladaptive characteristics in a youth offender foster home setting. A foster parent must be unrelated to a youth offender by blood or marriage. Foster parents provide supervision, food, and lodging to youth offenders as they progress through their case plan. The terms "foster parent" or "foster parents" are interchangeable and the use of one does not preclude the use of the other.
(12) Frequent Visitor: A person who makes repeated visits to the foster home as a result of a social or business relationship with the foster parent or members of the household
(13) Home study: An assessment, conducted prior to issuance of a Youth Offender Foster Home Certificate, to determine an applicant's ability and suitability to provide foster care services to youth offenders
(14) Inactive referral status: A temporary change in the terms of youth offender foster home certification that precludes new referrals of youth offenders to the home. Youth offenders that reside in homes on inactive referral status continue to live in the home.
(15) Information required: All information requested by the OYA, including information used to conduct criminal records checks.
(16) Juvenile Probation/Parole Officer (JPPO): The OYA case manager who works with the offender and his/her family and the community while the offender is in OYA custody.
(17) Mechanical restraint: Any apparatus, device, or contraption applied or affixed to a youth offender to limit movement.
(18) Member of the household: Any person, other than youth offenders, who lives in the youth offender foster home, on the property where the youth offender foster home is located, is a frequent visitor to the foster home or who assists in the care provided to youth offenders 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.
(19) Multidisciplinary Team (MDT): A group of persons responsible for developing comprehensive case plans for youth offenders. The process is a collaborative effort between OYA staff, the youth offender's biological and foster family and service providers. The MDT is responsible for ensuring that case plans are developed, reviewed and revised.
(20) 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.
(21) Punishment: The intentional infliction of physical or emotional pain. Punishment includes, but is not limited to physical force or threat of physical force inflicted in any manner upon a youth offender; verbal abuse, including derogatory remarks about the youth offender or his/her family; denial of food, clothing, or shelter; assignment of unreasonably strenuous exercise or work; punishment for bed-wetting; delegating or permitting punishment of a youth offender by another youth offender; and use of a cold shower as punishment.
(22) Records: any information in written form, pictures, photographs, charts, graphs, recordings, or documents pertaining to a youth offender's case.
(23) Respite care: A temporary arrangement between a foster parent and an OYA-certified respite provider to allow the foster parent(s) time away from a youth offender.
(24) Respite provider: An individual, at least 21 years of age and certified by the OYA, who temporarily assists with supervision of youth offenders when the foster parent is not available. A respite provider who provides respite care in his/her own home must have a current and valid Youth Offender Respite Home Certificate that specifically states the respite provider is authorized to serve youth offenders in his/her home.
(25) Revocation: An action taken by the OYA to rescind a Youth Offender Foster Home Certificate based on non-compliance with statute, administrative rule(s) or the Youth Offender Foster Home Agreement.
(26) Second-hand smoke: Smoke that is exhaled by a smoker, or originates from a tobacco product which a person is using to which a second person is exposed. It includes smoke from a smoldering cigarette, cigar, pipe, or other tobacco material.
(27) Structured Supervision: Supervision and knowledge of the approved whereabouts of a youth offender by a certified foster parent while the youth offender engages in daily living activities or recreation.
(28) Suspension: A temporary withdrawal of youth offender foster home certification pending determination of non-compliance with statute, administrative rule(s) or the Youth Offender Foster Home Agreement by the foster parent. Youth offenders are removed from the youth offender foster home and no referrals will be made to a youth offender foster home until a determination has been made on the suspension.
(29) Termination: An action taken by the OYA or the foster parent to terminate the Youth Offender Foster Home Agreement. Termination of the Youth Offender Foster Home Agreement does not terminate the Youth Offender Foster Home Certificate.
(30) Volunteer: Any person who is not a member of the household and who assists youth offenders in the home with activities for no compensation and under foster parent supervision.
(31) Youth Offender: 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.
(32) Youth offender 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 youth offenders in that home.
(33) Youth Offender Foster Home Agreement: A written agreement between the OYA and the foster parent stating mutual expectations of the parties.
(34) Youth Offender Foster Home Certificate: A certificate of approval, issued by the OYA, to operate and maintain a youth offender foster home.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2000, f.
& cert. ef. 4-4-00; OYA 5-2002, f. & cert. ef. 1-18-02; OYA
15-2004, f. & cert. ef 11-12-04; OYA 5-2005, f. & cert. ef.
3-9-05; OYA 14-2005, f. & cert. ef. 6-13-05; OYA 26-2005(Temp),
f. & cert. ef. 11-8-05 thru 5-7-06; OYA 5-2006, f. & cert.
ef. 3-20-06; OYA 2-2007, f. & cert. ef. 7-13-07
416-530-0020
Certification Process
(1) The OYA seeks to recruit individuals who meet or exceed the qualifications described in these rules to provide foster care services to youth offenders. The OYA further seeks to retain qualified foster parents who continue to provide an important component of the OYA service delivery system to youth offenders. In order to accomplish these objectives and to ensure that youth offenders receive services in a safe, respectful, rehabilitative, and positive atmosphere, the OYA has developed a thorough certification process
(2) The certification process is a partnership between the applicant or foster parent and the OYA. The process allows for individuals interested in providing youth offender foster care services to ask questions about foster care standards, foster parent qualifications, foster home qualifications, and supervision of youth offenders and it allows the 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 the OYA to re-assess the foster parent's continued qualification, willingness and ability to provide services.
(3) The granting of a foster home certificate is not a guarantee that youth offenders will be placed in the foster home
(4) The 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.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2004, f.
& cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07
416-530-0030
Application Process
Applicants for initial certification must:
(1) Complete and submit all forms required by the OYA
(2) Participate in home studies as required by the OYA.
(3) Provide all information required by the OYA to verify compliance with these rules, including, but not limited to:
(a) Name(s), 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 youth offenders. If the applicants are applying for joint certification, each person will 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 youth offenders.
(c) A statement as to whether the applicant or any member of the household has ever operated or currently is operating a licensed/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, 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 or charges of abuse or neglect, with dates, locations, and resolutions of those matters.
(f) Proof of sufficient income to meet the needs and ensure the stability and financial security of the members of the household, independent of the foster care maintenance payment. The OYA will request copies of pay stubs, W-2 forms, or recent tax returns as proof of income
(4) Participate in a criminal records check process, as defined by these rules and OAR chapter 416, division 800.
(a) The OYA will require a criminal records check, including fingerprints, for applicants and other members of the household 18 years of age and older.
(b) The OYA will require a computerized criminal records check for members of the household 12 through 17 years of age.
(c) The OYA will conduct criminal records checks at any time that the OYA deems it necessary for the safety of youth offenders in the home.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2004, f.
& cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07
416-530-0035
Application Process for Re-certification
A foster parent applying for re-certification must:
(1) Complete and submit all forms required by the OYA
(2) Provide information as requested by the OYA to verify compliance with these rules.
(3) Participate in home studies as required by the OYA.
(4) Participate in a criminal records check process, as defined by these rules and OAR chapter 416, division 800:
(a) The OYA will require 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 will occur prior to the new member of the household establishing the foster home as his/her residence;
(c) The OYA will require a computerized criminal records check for members of the household 12 through 17 years of age.
(5) Provide documentation from the foster parent and all members of the household regarding all criminal arrests, all charges, and all convictions during the preceding year including juvenile delinquency arrests, adjudications, or charges, the dates of offenses, and the resolution of those matters
(6) Documentation from the applicant and all members of the household regarding all allegations or charges of abuse or neglect, with dates, locations, and resolutions of those matters.
(7) Provide proof of sufficient income to meet the needs and ensure the stability and financial security of the members of the household, independent of the foster care maintenance payment for the preceding year. The OYA will request copies of pay stubs, W-2 forms, or recent tax returns as proof of income.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-2007, f. & cert. ef. 7-13-07
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) Be a citizen or legal resident of the United States.
(4) 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 youth offenders placed in foster care.
(b) Understand the behaviors of youth offenders.
(c) Have knowledge and understanding of non-punitive discipline and ways of helping a youth offender build positive personal relationships, self-control, and self-esteem.
(d) Have respect for persons with differing values, lifestyles, philosophies, religious, and cultural identity and heritage.
(e) Be able to realistically evaluate which youth offenders they can accept, work with, and integrate into their family.
(f) Have supportive ties with family, friends, the neighborhood, and the community.
(g) Provide appropriate supervision to ensure community safety
(5) Be physically and mentally able to perform the duties of foster care.
(a) The 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 youth offenders.
(b) The OYA may require the applicant to consent to the release of psychological, medical or physical, drug and alcohol, or other reports and evaluations to the OYA for the consideration of the applicant's ability to supervise and care for youth offenders
(c) In the case of alcohol or substance abuse, the applicant must be able to provide evidence that he or she has been substance-free and sober for at least two years prior to making application for certification.
(6) 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 supporting study must be approved by the OYA Assistant Director, Community Services, or designee.
(7) Not have any documented incidents of abuse or neglect that resulted in a founded disposition by DHS. The OYA will conduct DHS 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 youth offenders, and when the OYA deems it necessary for the safety of youth offenders in the home.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2000, f.
& cert. ef. 4-4-00; OYA 5-2002, f. & cert. ef. 1-18-02; OYA
16-2002, f. & cert. ef. 10-11-02; OYA 15-2004, f. & cert. ef
11-12-04; OYA 26-2005(Temp), f. & cert. ef. 11-8-05 thru 5-7-06;
OYA 5-2006, f. & cert. ef. 3-20-06; OYA 2-2007, f. & cert.
ef. 7-13-07
416-530-0050
Selection
(1) The selection of individuals to provide foster care services to youth offenders is based on a number of criteria, not the least of which is the criminal records check on every individual either directly supervising youth offenders or members of the household of the applicant or foster parent. Certain criminal records will automatically preclude any further certification steps.
(a) Such records include but are not limited to a founded disposition of child abuse or neglect documented in the DHS Child Abuse Registry.
(b) Applicants denied foster care certification or recertification as a result of a criminal record check will be provided written notice and may request a contested case hearing described in OAR 416 Division 800.
(2) Other considerations include 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 that comes to the attention of the OYA.
(a) Applicants denied foster care certification or recertification will be provided with written notice and may request a contested case hearing as described in these rules
(3) The OYA will determine which applicants undergo a complete certification study, which applicants are certified, and which homes qualify to best meet the needs of youth offenders.
(4) The OYA will review the application and supporting documentation to determine compliance with these rules before making a decision to grant or deny an application for certification or re-certification.(5) In addition to the application information, the OYA may contact other relevant sources, including but not limited to: schools, employers, and other persons, including the applicant's adult children.
(6) The OYA will make its decision, regarding certification, within 90 days of the receipt of the application and all supporting documentation. The OYA will make its decision, regarding re-certification, prior to the expiration of the current certification. The OYA will not review the application for certification or re-certification unless all materials have been submitted and received by OYA.
(7) After successful completion of the application process, a certificate will be issued.
(8) Certificates must state:
(a) The period of time for which it is issued;
(b) The name of the foster parents or respite provider;
(c) The address of the residence; and
(d) The number of youth offenders the home is certified to serve.
(9) Upon certification, the foster parent and OYA will enter into a Youth Offender Foster Home Agreement before youth offenders are placed in the foster home.
(10) The OYA may deny certification or re-certification if:
(a) The applicant fails to meet the qualifications in these rules.
(b) Applicants falsify (including by act of omission) information.
(c) Any member of the household fails to meet the requirements of OAR chapter 416, division 800 or these rules.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2000, f.
& cert. ef. 4-4-00; OYA 5-2002, f. & cert. ef. 1-18-02; OYA
16-2002, f. & cert. ef. 10-11-02; OYA 15-2004, f. & cert. ef
11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07
416-530-0060
Foster Parent Duties and Responsibilities
(1) Governance:
(a) Foster parents must comply with the standards of these rules and OYA procedures.
(b) Foster parents must abide by the responsibilities described in the OYA Youth Offender Foster Home Agreement. This agreement will be signed at the time of initial certification and annually, thereafter.
(c) Foster parents must provide care and supervision in accordance with the youth offender's individual case plan.
(d) Foster parents will not leave youth offenders unsupervised in the foster home.
(e) Foster parents must allow the OYA access to the home, youth offenders, and foster care records, for the purpose of on-going compliance monitoring.
(2) Training:
(a) An applicant must complete an OYA-mandated pre-service training before he or she is approved for certification.
(b) On an annual basis, thereafter, each foster parent must complete a minimum of 10 hours of training.
(c) All training must be provided or approved by the OYA and must include educational opportunities designed to enhance the foster parent's knowledge, skills, and abilities to meet the special needs of youth offenders.
(A) If youth offenders are in the home and the annual training hours have not been completed, the youth offender foster home certification will be placed on inactive referral status. No additional youth offender referrals will be made until the training hours are completed.
(B) The OYA may suspend a certificate if no youth offenders are currently in placement and the training requirements have not been met.
(3) Foster parents will 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 Juvenile Parole/Probation Officer (JPPO) and the youth offender's case plan.
(c) Providing a youth offender with the opportunity for regular contacts and private visits or telephone calls with his/her JPPO.
(d) Notifying the OYA Foster Home 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 OYA of any circumstance involving the youth offender, 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 youth offender. This includes, but is not limited to, injury, illness, accident, law violation, or unauthorized absence.
(B) Immediate notification of any visitor remaining in the home overnight who has not received prior approval by the OYA. Foster parents and the Certifier will collaborate to ensure the safety of the youth offender 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.
(D) Prior notification when a change in the membership of the household is anticipated. In the event of an emergency (e.g. death), foster parents must provide this information as soon as possible after the change occurs.
(e) Prior written approval from the OYA to take a youth offender out of state.
(4) Foster parents will respect and support the youth offender's relationship with his/her family by:
(a) Assisting OYA staff in planning and implementing visits between the youth offender and his/her family as indicated by the youth offender's case plan.
(b) Allowing a youth offender opportunities to have at least one phone call weekly with his/her family.
(c) Informing the JPPO if the youth offender chooses to decline family visits.
(5) Confidentiality: Youth offender information and records are confidential. Foster parents must maintain information relating to youth offenders including but not limited to information relating to a youth's health, education, and placement progress in a manner sufficient to prevent unauthorized access.
(a) Foster parents must not disclose youth offender records, or the names of persons involved in the youth offender's case plan, without authorization from the OYA.
(b) Youth offender records may be disclosed only when necessary to provide for the safety and well-being of youth offenders and with prior approval of the OYA.
(c) Unauthorized disclosure of youth offender records may lead to suspension of certification.
(6) Records:
(a) Foster parents must, for the duration of the youth offender's placement in the foster home, maintain records, including, but not limited to, information relating to the youth offender's health (including immunizations), education, and placement progress.
(b) All records belong to the OYA and the youth offender. The foster parent must immediately provide all records to the youth offender's JPPO or designee when the youth offender leaves the foster home.
(A) Any records request by foster parents after the records have been returned to OYA will be released according OAR chapter 416, division 105.
(7) Youth offender reformation/supervision:
(a) Foster parents must provide structure, accountability, and supervision designed to promote the physical, social, intellectual, spiritual, and emotional development of youth offenders, while providing for community protection. In accordance with a youth offender's case plan, foster parents must:
(b) Treat each youth offender with respect and dignity.
(c) Help the youth offender develop skills and perform tasks that promote independence and self-sufficiency.
(d) Ask youth offenders to assume household chores appropriate to the youth offender's age and ability, and commensurate with those expected of the foster parent's own children.
(8) Household composition:
(a) No more than three OYA youth offenders 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) may reside in one foster home.
(A) Children of foster parents age 18 and older will not be counted toward the limitation of five children in the foster home.
(B) 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. It will be responsibility of the foster parent to notify the OYA and ensure that the fingerprint records check is initiated for these persons.
(b) Foster parents must not care for unrelated adults on a commercial basis, accept children for day care, or accept any person for placement from any source other than the OYA without prior OYA written approval.
(9) Respite care:
(a) When foster parents are absent from providing supervision of youth offenders, an OYA-certified respite provider at least 21 years of age, capable of assuming foster care responsibilities, will be present.
(b) When foster parents anticipate being absent from providing supervision youth offenders for overnight or longer, the OYA must be given advance notice and the planned absence must be approved. The foster parent will provide the following information: the dates of absence; the telephone number where the foster parents can be reached; and the name, telephone number, and home address of the OYA-certified respite provider.
(c) On occasion, to offer foster parents respite from foster care responsibilities, the total number of youth offenders per home may be increased, in a manner consistent with these rules, to the home's certified maximum.
(d) Any respite care beyond 10 days requires review and approval by the Foster Care Manager.
(10) Food and nutrition:
(a) On a daily basis, foster parents must provide an appropriate quantity and quality of meals (i.e., three well-balanced meals) and appropriate snacks.
(b) Foster parents will accommodate any special and/or cultural dietary needs of the youth offenders, including those ordered by a physician.
(11) Clothing and personal belongings:
(a) Foster parents must provide each youth offender with clean clothing that is appropriate to the youth offender's age, gender, and individual needs.
(b) Youth offenders must be allowed to participate in choosing their own clothing.
(c) Youth offenders may bring and acquire appropriate personal belongings as approved by the JPPO.
(d) Foster parents must provide a weekly allowance to youth offenders in a fair and consistent manner.
(e) Foster parents must develop house rules that will include, but are not limited to, youth offender money and youth offender accounts.
(f) Foster parents must provide each youth offender with individual items necessary for personal hygiene and grooming.
(12) Discipline and guidance:
(a) Foster parents will work with a youth offender's JPPO to develop a behavior management plan that sets clear expectations, limits, and consequences of behavior through use of adequate and appropriate structure and supervision.
(A) Foster parents must provide clearly-stated basic rules, a system of incentives and rewards, graduated sanctions when necessary to hold youth offenders accountable, supervision, and guidance.
(B) Discipline must be designed to guide youth offenders with kindness and understanding, while holding the youth offender accountable for personal behaviors.
(b) No youth offender or other person(s) in a foster home will be subjected to physical abuse, sexual abuse, sexual exploitation, neglect, emotional abuse, mental injury or threats of harm.
(13) Health care:
(a) Foster parents will work with the OYA to ensure that a youth offender's physical and mental health care needs are met, including but not limited to:
(A) Scheduling appointments and arranging transportation to medical, dental, or counseling appointments or assisting youth offenders in doing so if age appropriate.
(B) Ensuring that immunizations are current.
(C) Reporting to the OYA when corrective or follow-up medical, mental health or dental care is needed, and arranging necessary care.
(D) Arranging for necessary consents from the OYA for medical treatment that is not routine, including surgery.
(E) Obtaining emergency medical care, when necessary.
(b) Medication Administration:
(A) The provisions of OAR chapter 416, division 340 apply.
(B) A youth offender has a right to refuse his/her medications. When this occurs, the foster parent must document the refusal and immediately notify the youth offender's JPPO.
(C) Prescription medications must be administered only when ordered by a physician.
(D) All medications must be stored in locked storage sufficient to prevent unauthorized access.
(E) Foster parents must inform a youth offender's JPPO within one working day if any psychotropic medication is prescribed or changed for the youth offender.
(c) Medical information:
(A) Youth offender medical information must be kept confidential and in a secure location.
(B) Medical information will be shared only in compliance with Oregon Revised Statutes, and OYA administrative rules.
(C) Copies of medical information must be provided to the OYA.
(14) Religious, cultural, and ethnic heritage: Foster parents must respect the ethnic heritage, religious, cultural identity, and language of a youth offender and the youth offender's family by:
(a) Providing reasonable and meaningful opportunities for a youth offender to develop relationships with others of like cultural and ethnic background.
(b) Providing a youth offender opportunities to attend religious services of his/her choice.
(c) Not requiring a youth offender to participate in religious activities or events contrary to his/her beliefs.
(15) Education:
(a) Within five days of placement in the foster home, the foster parent must enroll a youth offender in an appropriate educational or vocational program, as outlined in his/her case plan.
(b) Foster parents must be actively involved in a youth offender's educational or vocational programs.
(c) Foster parents will allow a youth offender adequate time each evening to complete homework in a location conducive to study and provide assistance as needed.
(d) Foster parents will work with school personnel when issues arise at school, and report to a youth offender's JPPO any situation that may require OYA involvement.
(16) Recreation:
(a) Recreational activities appropriate to the age and abilities of a youth offender must be provided, as described in OAR chapter 416, division 500.
(b) A youth offender will be encouraged to participate in community activities both with the foster family and on his/her own, in accordance with the case plan.
(c) Foster parents must provide opportunities for a youth offender to pay restitution and perform community service obligations as directed by the case plan.
(17) Restrictions:
(a) No mechanical restraints, other than car seat belts, may be used on OYA youth offenders.
(b) Foster parents will not provide tobacco products in any form to youth offenders.
(c) Swimming pools and hot tubs must be made inaccessible to youth offenders unless responsible adult supervision is provided.
(d) All alcoholic beverages will be stored and locked in a manner sufficient to prevent unauthorized access.
(18) Safety:
(a) Foster parents must be aware of a youth offender's location at home and in the community at all times.
(b) Foster parents must have an adequate system for monitoring youth offenders during the night.
(c) Foster parents must ensure that keys to locked storage and motor vehicles are secured at all times.
(d) Foster parents must inspect a youth offender's room on regular basis to prevent the offender from possessing contraband.
(e) Foster parents must observe OYA health and safety requirements for the prevention of accidents and injuries.
(f) Foster parents must understand suicide prevention techniques and reporting requirements.
(g) Foster parents must be knowledgeable about boundaries, inappropriate sexual behavior, monitoring and other aspects of youth offender care at the level appropriate for supervising youth offenders that are placed in the home.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2004, f.
& cert. ef 11-12-04; OYA 2-2007, f. & cert. ef.
7-13-07
416-530-0070
Standards for the Foster Home
(1) General:
(a) Schools, recreation, churches, medical care, and community facilities must be accessible from the foster home. The foster home and its premises must be comparable in appearance to other homes in the community in which it is located.
(b) If care is to be provided to one or more developmentally disabled or physically impaired youth offenders, the 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 will coordinate the accommodations to the foster home.
(B) If the foster parent refuses to make the necessary accommodations the youth offender will 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 Foster Home 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.
(c) Foster parents must ensure that meals are prepared and served in a safe and sanitary manner minimizing the possibility of food poisoning or food contamination.
(3) Living areas:
(a) The foster home must have sufficient living or family room space that is comfortably furnished and accessible to all members of the household, including youth offenders.
(b) Foster homes must be well-heated and well-ventilated.
(4) Bedrooms:
(a) Bedrooms occupied by youth offenders must:
(A) Be safe and have adequate living space for each youth offender.
(B) Have windows that open and provide sufficient natural light and ventilation.
(C) Have a bed for each youth offender and clean bed linens, blankets (as appropriate to the season) and pillows.
(D) Have a functioning smoke alarm.
(b) Youth offender(s) age 18 or older may not share a bedroom with a youth offender under age 18 without the approval of the OYA Foster Care Manager or OYA Community Resources Manager.
(c) Children of foster parents are prohibited from sharing a bedroom with a youth offender.
(d) In no event will more than three youth offenders sleep in one bedroom.
(e) Each youth offender must be provided with adequate storage space in or near the bedroom he or she occupies for personal belongings and a designated space for hanging clothes.
(f) Flexibility in the decoration of sleeping areas must be allowed to accommodate the personal tastes and expressions of the youth offenders in care.
(g) Bedroom doors must not have locks.
(h) Youth offenders with a history of inappropriate sexual behavior or adjudicated for a sexual offense may not share a bedroom with non-sex offenders. Sex offenders preferably will occupy a bedroom either individually, or in a group of three sex offenders. The assignment of two sex offenders to one bedroom must be authorized by the Foster Care Manager, in consultation with OYA field services staff.
(i) Bedrooms used by youth offenders 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. Proof of rabies vaccination must be available to the OYA upon request.
(6) Firearms:
(a) Foster parents must immediately notify the OYA Foster Home Certifier any time a firearm is brought to the foster home.
(b) Any foster parent or member of the household who possesses a concealed weapon permit must:
(A) Give the OYA a copy of the permit;
(B) Give the OYA a written plan regarding how the foster parent or member of the household will keep concealed weapons secure from youth offenders.
(c) Firearms must remain unloaded and stored in a locked compartment that prohibits access and is not visible to youth offenders. Ammunition must be stored in a separate locked compartment. Trigger locks alone are not considered adequate.
(d) With the exception of law enforcement personnel, no person in any vehicle transporting a youth offender may carry a loaded firearm.
(7) Deadly weapons: Foster parents must immediately notify the Foster Home Certifier any time a deadly weapon is brought to the foster home.
(a) Deadly weapons must be stored in a locked compartment that prohibits access and is not visible to youth offenders.
(8) 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 qualified trade service provider must immediately be remedied by the foster parent.
(c) An emergency access must be available to any room that has a lock.
(d) Stairways must be equipped with handrails.
(e) All medications, hazardous chemicals, and solvents must be stored in locked storage sufficient to prevent unauthorized access.
(f) Cleaning materials classified as poisonous and flammable must be stored in locked storage sufficient to prevent unauthorized access.
(g) At least one working smoke alarm must be placed on each floor of the foster home. In addition, there must be a working smoke alarm in each bedroom in which a youth offender sleeps.
(h) At least one unexpired and operable class 2-A-10BC or higher rated fire extinguisher must be available and maintained in each foster home.
(i) Outdoor tools and equipment, machinery, chemicals, flammable or combustibles must be stored in locked storage sufficient to prevent unauthorized access.
(j) A written home evacuation plan must be available to all youth offenders.
(A) The evacuation plan must be practiced with each youth offender at the time of placement and at least once a year to ensure all youth offenders understand the procedures.
(B) The evacuation plan, including 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. No extension cords may be used with such heaters or in place of permanent wiring. No propane space heaters without approved venting are to be used in the foster home. 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 youth offenders 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.
(9) 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.
(b) Measures must be taken to keep the house and premises free of vermin.
(c) First aid supplies must be stored in an easily accessible place.
(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 must be used for youth offender 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 flush toilet, one washbasin with running water, and one bath or shower with hot and cold water.
(i) Pending weekly removal, garbage/refuse must be stored appropriately, with no accumulation of garbage, debris, or rubbish that emits offensive odors.
(j) Youth offenders in the foster home will not be subjected to second hand smoke.
(10) Transportation safety:
(a) All vehicles used to transport youth offenders must have, at a minimum, liability insurance coverage in accordance with Oregon law.
(b) Only foster parents and other members of the household that are licensed and insured drivers, 21 years of age or older, that possess a current and valid driver's license, may transport youth offenders.
(c) At least one member of the household must possess a valid license to drive.
(d) The driver must ensure that all passengers use seat belts during the transport.
(e) Youth offenders are prohibited from operating vehicles owned by foster parents, any member of the household, or volunteer that requires a state license to be operated on public roads.
(f) Youth offenders may engage in driver's education provided by public school or driver training delivered by a licensed provider in accordance with the youth offender's case plan.
Stat.
Auth.: ORS 420A.025
Stats.
Implemented: ORS 420.888 - 420.892
Hist.:
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2004, f. & cert. ef 11-12-04;
OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2009, f. & cert. ef. 2-2-09
416-530-0080
Exceptions
(1) Any exceptions to these rules must be approved by the OYA Community Services Assistant Director.
(a) Exception requests must be made in writing, state the need for the exception, and signed by the person requesting the exception.
(b) Each request for an exception must be accompanied by a written plan showing how the safety of the youth offenders in placement will be ensured while the exception is in effect.
(c) The OYA will 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 youth offenders in placement. Granting an exception does not set a precedent that must be followed by the OYA when evaluating subsequent requests for exceptions.
(d) In evaluating a request for an exception, the OYA will consider, among other factors, the ratio of adults to youth offenders, the level of supervision available, the skill level of the foster parent and the needs of other children in the home.
(e) No exception is effective until granted in writing and signed by the OYA Community Services Assistant Director. A copy of the approved exception will be filed in the certification file.
(2) No exceptions will be made for rules relating to fire safety.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2004, f.
& cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07
416-530-0090
Denial, Suspension, and Revocation of Youth Offender Foster Home Certification or Re-Certification; Inactive Referral Status
(1) Denial:
(a) The OYA may deny an application for a youth offender 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 the OYA within the time frame set by the OYA; or
(C) Fails to inform the OYA of conditions that could disqualify the foster parent or the foster home from certification.
(b) If the OYA proposes to deny an application for a foster home certification or re-certification, the OYA will provide the applicant or foster parent with a written Notice of Proposed Denial of Youth Offender 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) If an application for a youth offender foster home certification or re-certification is denied, no other current member of the household may apply
(d) An applicant or foster parent has 60 days from the date of mailing or service of the Notice of Proposed Denial of Youth Offender Foster Home Certification or Re-certification to request a hearing. The request for hearing must be received by the OYA within the 60-day period.
(e) 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 Youth Offender Foster Home Certification or Re-certification
(2) Suspension:
(a) The OYA may suspend a youth offender foster home certification without a hearing if the OYA finds a serious danger to the public health or safety, including the health or safety of a youth offender or the community. In the event of an suspension, youth offenders will 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 mailing or service of the Notice of Suspension to request a hearing on the emergency suspension. The request for hearing must be received by the OYA within the 90-day period
(c) The Notice of Suspension must be mailed by certified mail or personally served on the foster parent.
(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 the OYA, the OYA will initiate proceedings to revoke the youth offender foster home certification. The 10-day period may be extended upon prior written approval of the OYA.
(e) If the suspension will exceed 180 days or the expiration date of the current certification, the OYA will terminate the Youth Offender 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 will be placed on inactive referral status and will not receive youth offender referrals until the matter is resolved
(3) Revocation:
(a) The OYA may initiate revocation proceedings of a youth offender 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;
(C) Whether the violations, including the alleged violation, were willful or intentional;
(D) The prior history of violations;
(E) Any other mitigating or aggravating circumstance determined by the OYA to be relevant to the alleged violation, or to the appropriate response to the alleged violation.
(b) The OYA may initiate revocation proceedings of a youth offender foster home certification if:
(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 the OYA in the time frame set by the OYA;
(C) The foster parent fails to inform the 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 the OYA and the foster parent remains in violation of any of these rules.
(c) If the OYA initiates revocation proceedings of a youth offender foster home certification, the OYA will provide a written Notice of Proposed Revocation of Youth Offender Foster Home Certification and proposed Order Revoking Youth Offender Foster Home Certification. The Notice of Proposed Revocation and proposed Order will be mailed, by certified or registered mail, or personally delivered, 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 Youth Offender Foster Home Certification to request a hearing. The request for hearing must be received by the OYA within the ten-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 Youth Offender 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) The OYA may place a foster parent on inactive referral status due to changes in the foster parent's family, including but not limited to death, divorce, new members joining the household, significant disabling health condition, or other circumstances that the OYA determines will put additional stress or pressure on the family. Prior to placing a foster parent on inactive referral status, the OYA will discuss the status change with the foster parent. The OYA will notify the foster parent in writing of the change in referral status and the expected duration of that change.
(B) The OYA-initiated inactive status may last for up to 180 days, during which time no additional youth offenders will be placed in the home. The OYA may continue the inactive status for more than 180 days if:
(i) The 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.
(5) Contested Case Hearings. Pursuant to the provisions of ORS 183.341, the OYA adopts the Attorney General's Model Rules of Procedure OAR 137-003-0001 to 137-003-0091 and 137-003-0580, effective January 1, 2008, as procedural rules for contested case hearings.
Stat.
Auth.: ORS 420A.025
Stats.
Implemented: ORS 183.341, 183.430 & 420.888 - 420.892
Hist.:
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 16-2002, f. & cert. ef. 10-11-02;
OYA 15-2004, f. & cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07;
OYA 6-2009, f. 12-15-09, cert. ef. 12-16-09
416-530-0100
Purpose
(1) These rules set forth standards specific to the OYA relationship with Private Youth Care Agencies offering residential care programs in a foster home model, hereafter called proctor homes.
(2) The OYA will obtain and consider criminal records checks on certain employees and volunteers of Private Youth Care Agencies in order to protect the best interest of youth offenders.
(3) Unless otherwise specified, the provisions of OAR 416-530-0000 to 416-530-0090 and chapter 416, division 800, apply.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2004, f.
& cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07
416-530-0110
Definitions
(1) Private Youth Care Agency employee: An individual applying for a salaried position with a Private Youth Care Agency or having a salaried position and being considered for an assignment within a Private Youth Care Agency.
(2) Proctor home: A home in the community that is co-certified by the OYA and a Private Youth Care Agency and supervised by the Private Youth Care Agency.
(3) Proctor parent: A person co-certified by the OYA and a Private Youth Care Agency in accordance with the provisions of these rules and employed by the Private Youth Care Agency.
(4) Proctor parent agreement: A written agreement between the Private Youth Care Agency and the proctor parent stating mutual expectations of the parties.
(5) Private Youth Care Agency Volunteer: An individual applying for or requesting to work on assignments for a Private Youth Care Agency on an unsalaried basis.
(6) Private Youth Care Agency: Any agency, society, institution, organization, or group under private management and organized in whole or in part for the temporary or continued care of youth offenders in a residential facility or placement of youth offenders in proctor homes.
(7) Youth offender proctor care: Includes care, food, and lodging provided on a 24-hour basis for youth offenders in a home approved by the OYA and the Private Youth Care Agency, as defined by these rules and OAR chapter 416, divisions 550 and 800.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888 - 420.892
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2004, f.
& cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07
416-530-0125
Certificate of Approval
(1) Proctor parents are recruited, trained, paid and supported in their efforts by a Private Youth Care Agency and monitored by a Private Youth Care Agency's professional staff. Proctor parents are co-certified by the OYA and the Private Youth Care Agency.
(2) A Private Youth Care Agency will not place youth offenders in a proctor home without a current, valid youth offender proctor home certification issued by the OYA.
(3) In addition to compliance with these rules, Private Youth Care Agencies and their 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 Youth Care Agency and the OYA.
(c) Intergovernmental agreements between the OYA and other agencies, as applicable.
(d) In order to ascertain compliance with the standards of these rules, the OYA may examine the records and files of the Private Youth Care Agency, inspect and observe the physical premises of the proctor home, and interview youth offenders, Private Youth Care Agency staff, proctor parents, and persons in the community.
(4) Private Youth Care Agencies must utilize employees or volunteers whose presence does not jeopardize the health, safety or welfare of youth offenders. When making a determination about a person's suitability to work with youth offenders, the Private Youth Care Agency must consider the provisions of OAR chapter 416, division 800 and all other information described in these rules to judge the person's fitness to work with youth offenders.
(5) If the applicant meets the requirements of these rules, the OYA will issue a youth offender proctor home certificate to operate a proctor home under contract with a Private Youth Care Agency.
(a) This certificate will specify the type of care and/or service to be provided, the address of the premises to which the certification applies, the name of the Private Youth Care Agency under which the certification is valid, and other information deemed necessary.
(b) This certification will automatically terminate upon the closure of the Private Youth Care Agency or when the agreement between the Private Youth Care Agency and the proctor parent is terminated. The Private Youth Care Agency must immediately notify the OYA in writing when either of these situations occurs.
(6) The Private Youth Care Agency is responsible for ensuring that the proctor home and proctor parents continue to meet the standards set out in these rules, and correct deficiencies when they are noted. The OYA must agree in writing to any exceptions to these rules.
(7) If a proctor home fails to comply with these rules, the OYA may propose to deny an application, place the home on inactive referral status, or propose to suspend or revoke the youth offender 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.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, 420.810, 420.815 & 420.840
Hist.: OYA 15-2004, f. & cert. ef 11-12-04; OYA 2-2007, f. &
cert. ef. 7-13-07
416-530-0130
General Provisions for Proctor Parents
(1) The Private Youth Care Agency must ensure that its proctor parents meet the standards set out in these rules and OAR chapter 416, division 800.
(2) The Private Youth Care Agency must provide or cause to be provided structured supervision twenty-four (24) hours per day, seven days a week, to youth offenders placed in proctor homes. The Private Youth Care Agency must provide specific proctor parent support services that enhance the proctor parents' ability to successfully meet the supervision needs of youth offenders placed by the OYA.
(3) The Private Youth Care Agency must ensure that no more than three OYA youth offenders reside in any given proctor home at one time. In addition, no more than five total children (including the proctor parent's own children) may reside in one proctor home.
(4) Under no circumstances will OYA youth offenders reside with youth served under the Private Youth Care Agency's other programs, including private pay placements and placements of youth from out-of-state, except for youth offenders placed through Interstate Compact with courtesy supervision provided by the OYA.
(5) On occasion, to offer proctor parents respite from proctor care responsibilities, the total number of offenders per home may be increased to no more than four, in a manner consistent with these rules, to the home's certified maximum.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, 420.810, 420.815, 420.840
Hist.: OYA 15-2004, f. & cert. ef 11-12-04; OYA 2-2007, f. &
cert. ef. 7-13-07
416-530-0140
Youth Offender Proctor Home Requirements
(1) The Private Youth Care Agency must ensure that its youth offender proctor homes meet the standards of these rules and OAR chapter 416, divisions 500 and 800.
(2) The Private Youth Care Agency must develop and maintain written agreements with proctor parents providing proctor care. These agreements must be approved by the OYA prior to placement of OYA youth offenders in the proctor home and must address the following:
(a) Supervision responsibilities:
(A) Proctor parents may, with the Private Youth Care Agency's prior written consent, schedule 48 hours per month of time away from youth offender care responsibility.
(B) At least one certified proctor parent or certified respite provider must be on premises at all times that youth offenders are present in the home.
(b) Reporting requirements:
(A) Proctor parents must maintain daily required documentation and submit reports to Private Youth Care Agency as required on each youth offender in placement.
(B) Proctor parents with whom youth offenders are placed must contact Private Youth Care Agency staff immediately in the case of emergencies.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, 420.810, 420.815 & 420.840
Hist.: OYA 15-2004, f. & cert. ef 11-12-04; OYA 2-2007, f. &
cert. ef. 7-13-07
416-530-0150
Combination of Care
(1) The Private Youth Care Agency or its proctor homes will not combine the care of youth offenders in OYA custody with boarding, day care, nursing, foster, or convalescent care for adults or children, except as authorized in writing by the OYA.
(2) If such combination of care is approved, the provisions of interagency agreements must be met in addition to the applicable statutes, administrative rules, and policies of all agencies involved.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, 420.810, 420.815 & 420.840
Hist.: OYA 15-2004, f. & cert. ef 11-12-04; OYA 2-2007, f. &
cert. ef. 7-13-07
416-530-0160
Enforcement
In order to ascertain continued compliance with these standards, the OYA must have right of entry, privilege of inspection, and access to staff and all records of the Private Youth Care Agency and the youth offender proctor home.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, 420.810, 420.815 & 420.840
Hist.: OYA 15-2004, f. & cert. ef 11-12-04; OYA 2-2007, f. &
cert. ef. 7-13-07
416-530-0170
Exceptions
Any exceptions to these rules must be approved by the OYA Community Services Assistant Director.
(1) Exception requests must be made in writing, state the need for the exception, and signed by the person requesting the exception.
(2) Each request for an exception must be accompanied by a written plan showing how the safety of the youth offenders in placement will be ensured while the exception is in effect.
(3) The OYA will 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 youth offenders in placement. Granting an exception does not set a precedent that must be followed by the OYA when evaluating subsequent requests for exceptions.
(4) In evaluating a request for an exception, the OYA will consider, among other factors, the ratio of adults to youth offenders, the level of supervision available, the skill level of the foster parent and the needs of other children in the home.
(5) No exception is effective until granted in writing and signed by the OYA Community Services Assistant Director. A copy of the approved exception will be filed in the certification file.
(6) No exceptions will be made for rules relating to fire safety.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, 420.810, 420.815 & 420.840
Hist.: OYA 15-2004, f. & cert. ef 11-12-04; OYA 2-2007, f. &
cert. ef. 7-13-07
416-530-0200
Certification Standards for Transitional Care Providers
(1) This rule establishes standards for OYA transitional care providers and their homes that offer specific independent living and transitional services for youth offenders 18 through 24 years of age.
(2) Definitions listed under OAR 416-530-0010 apply to this rule with the following additions and exceptions:
(a) Member of the household: Any person, other than youth offenders, who lives in the youth offender transitional care home, is a frequent visitor to the transitional care home, or assists in the care provided to youth offenders 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.
(b) Respite care: A temporary arrangement between a transitional care provider and an OYA-certified respite care provider to allow the transitional care provider time away from a youth offender.
(c) Respite care provider: An individual, at least 25 years of age who holds a current, valid certificate issued by the OYA, and who temporarily assists with supervision of youth offenders when the transitional care provider is not available.
(d) Transitional care home: A home in the community that is maintained and lived in by an OYA-certified transitional care provider or living units operated by the transitional care provider that offers transitional services for youth offenders 18 through 24 years of age.
(e) Transitional care provider: A person who holds a current, valid certificate issued by the OYA to provide transitional care. A transitional care provider is a type of foster parent who specializes in providing services to youth offenders 18 through 24 years of age. A transitional care provider must be unrelated to a youth offender by blood or marriage.
(3) Unless otherwise specified in this rule, the provisions of OAR 416-530-0000 through 416-530-0090 and OAR 416, division 800, apply to transitional care provider applicants, transitional care providers and transitional care homes.
(4) Certification:
(a) Foster care certifiers must evaluate each transitional care home and surrounding property to determine which persons qualify as members of the household.
(b) Members of the household identified by the foster care certifier must complete criminal records checks pursuant to OAR division 800.
(c) When a foster care certifier evaluates a transitional care home and the transitional care home is located within multiple dwelling living units in a single building, the foster care certifier may access information from local law enforcement agencies regarding the history of criminal activity or police contact associated with that building. OYA may consider such information in its evaluation of the transitional care home for certification or recertification.
(d) Transitional care homes certified according to this rule must receive a certificate specifically providing that the home may provide services to youth offenders 18 through 24 years of age.
(5) Transitional care provider qualifications:
(a) Transitional care providers must be at least 25 years of age.
(b) Transitional care providers must be able to realistically evaluate which youth offenders they can accept and supervise.
(c) Transitional care providers must demonstrate competence in supervising youth offenders 18 through 24 years of age and promote the independent living skills of youth offenders as they transition toward independence.
(6) Transitional care provider duties and responsibilities:
(a) Transitional care providers must abide by the responsibilities described in the OYA Transitional Care Provider Agreement. This agreement must be signed at the time of initial certification and annually thereafter.
(b) Transitional care providers must establish a system for youth offenders to notify transitional care providers of the youth offender’s whereabouts at all times.
(c) Transitional care providers must be accessible to youth offenders 24 hours per day so youth offenders may contact them in case of an emergency or other needs.
(d) Transitional care providers must respect and support the youth offender’s relationship with his or her family by assisting OYA staff and the youth offender in planning and implementing visits between the youth offender and his or her family as indicated by the youth offender’s case plan.
(7) Transitional care providers must provide structure, accountability, and supervision designed to promote the development of independent living skills as identified in the youth offender’s case plan.
(8) Respite transitional care:
(a) A respite care provider who provides care in his or her own home must have a current and valid OYA Certificate that specifically authorizes the individual to provide transitional care and serve youth offenders in his or her home.
(b) When transitional care providers are absent from supervising youth offenders at home during the day, an OYA-certified respite care provider who is at least 25 years of age and capable of assuming transitional care responsibilities may be present to supervise youth offenders.
(c) When transitional care providers plan to be absent from supervising youth offenders overnight or longer, the transitional care provider must provide the OYA advance notice, the OYA must approve the absence, and a respite care provider must supervise the youth offenders during the absence. The transitional care provider must provide the following information to the OYA when providing the OYA with such notice: the dates of absence; the telephone number where the transitional care provider may be reached; and the name, telephone number, and home address of the OYA-certified respite care provider.
(9) Food and nutrition:
(a) Transitional care providers must provide an appropriate quantity and quality of food. Transitional care providers are not required to provide prepared meals to youth offenders.
(b) Transitional care providers must assist youth offenders with meal planning, and may provide meal preparation instruction.
(c) Transitional care providers must provide youth offenders daily access to kitchen facilities to prepare meals and snacks.
(d) Transitional care providers must assist youth offenders to meet any special or cultural dietary needs of the youth offenders, including those ordered by a physician.
(10) Clothing and personal belongings:
(a) Transitional care providers must ensure each youth offender has adequate clothing that is appropriate to the youth offender’s age, gender, and individual needs.
(b) Transitional care providers must help facilitate youth offenders’ money management skills to prepare for independent living and to meet any court-ordered financial obligations.
(c) Transitional care providers must provide each youth offender with individual items necessary for personal hygiene and grooming until the youth offender gains employment and has adequate funds to purchase such items.
(11) Transitional care providers must ensure youth offenders have access to necessary transportation.
(12) Transitional care providers must report to the OYA when a youth offender needs corrective or follow-up medical, mental health, or dental care, and assist youth offenders in arranging necessary care.
(13) Transitional care providers must assist youth offenders in understanding the purpose of medications, medication side effects, and how to manage their medications. Either a transitional care provider or the youth offender may administer the youth offender’s daily dosage of medication. If the youth offender self-administers the daily dosage, the transitional care provider must verify that the youth offender self-administered the dosage.
(14) Transitional care providers must assist youth offenders in pursuing educational and vocational interests and opportunities in accordance with the youth offender’s case plan.
(15) Transitional care providers must encourage youth offenders to develop and participate in prosocial leisure and community activities.
(16) Youth offenders in transitional care homes may access swimming pools and hot tubs after notifying the transitional care provider.
(17) Bedroom doors in transitional care homes may have locks if approved by the foster care certifier. Transitional care providers must have access to any locked room.
(18) Youth offenders in transitional care homes may have access to domestic cleaning supplies. Transitional care providers must instruct youth offenders in the proper use of such supplies.
Stat.
Auth.: ORS 420A.025
Stats.
Implemented: ORS 420.888 - 420.892
Hist.:
OYA 5-2009, f. 10-27-09, cert. ef. 11-2-09
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