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OREGON YOUTH AUTHORITY







 

DIVISION 530
YOUTH OFFENDER FOSTER CARE CERTIFICATION

416-530-0000
Purpose
(1) 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; and
(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 Child-caring Agency proctor parents unless otherwise specified.
Stat. Auth.: ORS 420A.025, 420.892
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 15-2004, f. & cert.
ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2014, f. & cert.
ef. 1-15-14
416-530-0010
Definitions
The following definitions apply to terms
used in OAR chapter 416, division 530.
(1) Applicant: A person who
applies for youth offender foster home certification to operate and maintain a foster
home for youth offenders.
(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.
(3) Certification process:
The process of initial application or recertification to operate and maintain a
youth offender foster home.
(4) 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 Department of Human Services Child
Welfare Information System (OR-Kids), and the National Law Enforcement Telecommunications
System (NLETS).
(5) 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.
(6) Deadly weapon: Any instrument,
article or substance specifically designed for, and presently capable of, causing
death or serious physical injury.
(7) Denial: An action by
OYA to deny youth offender foster home certification or re-certification.
(8) Discipline: A process
by which foster parents and OYA sanction youth offenders 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, and other costs approved by OYA.
(11) Foster Home Certifier:
The OYA staff member responsible for the recruitment, training, certification, support
and supervision of OYA foster homes.
(12) Foster parent: A person
certified by OYA who is unrelated to a youth offender by blood or marriage and demonstrates
special competence to supervise youth offenders with serious social or behavioral
maladaptive characteristics in a youth offender foster home setting.
(13) Frequent visitor: A
person who regularly visits a foster home more than five hours a week when youth
offenders placed in the foster home are present.
(14) 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
(15) 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.
(16) Information required:
All information requested by OYA, including information used to conduct criminal
records checks.
(17) Juvenile Probation/Parole
Officer (JPPO): The OYA case manager who works with the youth offender and the youth
offender’s family and the community while the youth offender is in OYA custody.
(18) Mechanical restraint:
Any apparatus, device, or contraption applied or affixed to a youth offender to
limit movement.
(19) Member of the household:
Any person, other than a youth offender, 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 a youth offender.
(20) Multidisciplinary Team
(MDT): A group of persons including, but not limited to, OYA staff, the youth offender’s
biological and foster family and service providers responsible for developing, reviewing
and revising comprehensive case plans for youth offenders.
(21) 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.
(22) Records: Any information
in written or electronic 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 OYA, who temporarily assists
with supervision of one or more youth offenders when the foster parent is not available
or is spending time away from a youth offender.
(25) Revocation: An action
taken by OYA to rescind a Youth Offender Foster Home Certificate based on non-compliance
with statute, administrative rule or the Youth Offender Foster Home Agreement.
(26) Second-hand smoke: Smoke
that is exhaled by a smoker, or originates from a tobacco product that a person
is using to which a second person is exposed, and includes smoke from a 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 a youth offender foster home certification by OYA pending determination
of the foster parent’s non-compliance with statute, administrative rule or
the Youth Offender Foster Home Agreement.
(29) Termination: An action
taken by OYA or the foster parent to terminate the Youth Offender Foster Home Agreement.
(30) Volunteer: Any person
who is not a foster parent or 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 a youth offender in
that home.
(33) Youth Offender Foster
Home Agreement: A written agreement between OYA and the foster parent stating mutual
expectations of the parties.
(34) Youth Offender Foster
Home Certificate: A certificate of approval, issued by OYA, granting approval to
operate and maintain a youth offender foster home or provide respite care.
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; OYA 1-2014, f. & cert. ef. 1-15-14
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 youth offenders. 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,
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 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 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 a Youth
Offender Foster Home Certificate is not a guarantee that youth offenders 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.
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 1-2014, f. & cert. ef. 1-15-14
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), 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 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
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 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, 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) A statement fully disclosing
all information or conditions which may disqualify the applicant or applicant’s
home from certification; and
(g) 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. OYA will request
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 records 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 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; OYA 1-2014, f. & cert. ef. 1-15-14
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, 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, with dates, locations, and resolutions of those
matters;
(6) 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. OYA will request 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.
(c) OYA requires a computerized
criminal records check for members of the household 12 through 17 years of age.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.888
- 420.892
Hist.: OYA 2-2007, f. &
cert. ef. 7-13-07; OYA 1-2014, f. & cert. ef. 1-15-14
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 legal
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 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.
(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 youth offenders.
(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 youth offenders
(c) In the case 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 making application
for certification.
(7) Be free from a professional
or personal conflict of interest and unrelated by blood or marriage to youth offenders
placed in their home. 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 disposition by the Department
of Human Services (DHS). OYA will conduct OR-Kids, 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 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; OYA 1-2014,
f. & cert. ef. 1-15-14
416-530-0050
Certification
(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 each foster parent, foster
parent applicant, and member of the household. Certain criminal or other 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 OR-Kids.
(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) OYA may consider other
available information when selecting individuals to provide foster care services
to youth offenders, 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 will be provided with written
notice and may request a contested case hearing as described in these rules.
(3) OYA will determine which
applicants undergo a complete certification process and which applicants are certified
based on how well each applicant meets the requirements set forth in these rules.
(4) 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, OYA may contact other relevant sources, including, but not limited
to, schools, employers, and other persons such as the applicant's adult children.
(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
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) 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.
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; OYA 1-2014, f. & cert.
ef. 1-15-14
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 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 must not
leave youth offenders unsupervised in the foster home, except with prior written
approval by the youth offender’s JPPO and Foster Home Certifier specifying
circumstances and length of time youth offender may be unsupervised.
(e) Foster parents must allow
OYA access to the home, youth offenders, and foster care records, for the purpose
of ongoing compliance monitoring.
(2) Training:
(a) An applicant must complete
an OYA-mandated pre-service training before the applicant is approved for certification.
(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 a minimum of 10 hours of training.
(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
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) 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 the youth offender's JPPO; and
(d) Notifying the 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
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 OYA. Foster parents and the Foster Home 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; and
(D) Prior notification when
a change in the membership 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 a youth offender out of state.
(4) Foster parents will respect
and support the youth offender's relationship with the youth offender’s family
by:
(a) Assisting OYA staff in planning
and implementing visits between the youth offender and the youth offender’s
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 the youth offender’s
family; and
(c) Informing the JPPO if the
youth offender chooses to decline family visits.
(5) Confidentiality:
(a) 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.
(b) Foster parents must not
disclose youth offender records, or the names of persons involved in the youth offender's
case plan, without authorization from OYA.
(c) Youth offender records may
be disclosed only when necessary to provide for the safety and wellbeing of youth
offenders and with prior approval of OYA.
(d) 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 pertaining to
the youth offender belong to OYA. The foster parent must make all records available
to OYA upon request. The foster parent must immediately provide all records to the
youth offender's JPPO or designee when the youth offender leaves the foster home.
Any records request by foster parents after the records have been returned to OYA
will be handled in accordance with OAR chapter 416, division 105.
(7) Youth offender reformation
and 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.
(b) In accordance with a youth
offender's case plan, foster parents must:
(A) Treat each youth offender
with respect and dignity;
(B) Help the youth offender
develop skills and perform tasks that promote independence and self-sufficiency;
and
(C) 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.
(b) Children of foster parents
age 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 unrelated adults on a commercial basis, accept children for day care, or
accept any person for placement from any source other than OYA without prior OYA
written approval.
(9) Respite care:
(a) A respite care provider
may not provide care to youth offenders in the respite provider's own home without
a current and valid OYA Certificate that specifically authorizes the respite care
provider to provide respite care to youth offenders in the respite care provider's
home.
(b) When all foster parents
are absent from providing supervision of youth offenders 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 Foster
Home Certifier.
(c) When all foster parents
anticipate being absent from providing supervision of youth offenders 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 name, telephone number,
and home address of the OYA-certified respite provider who will provide care during
the foster parent’s authorized absence.
(d) The total number of youth
offenders per foster home may be increased to no more than five to provide foster
parents short-term respite from foster care responsibilities.
(e) Any respite care exceeding
10 days requires prior review and approval by the OYA Community Resources Manager.
(10) Food and nutrition:
(a) On a daily basis, foster
parents must provide each youth offender three well-balanced meals and appropriate
snacks.
(b) Foster parents must accommodate
a youth offender's special and cultural dietary needs, 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 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 must 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 must work
with 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 OYA when a
youth offender needs corrective or follow-up medical, mental health or dental care,
and arranging necessary care.
(D) Arranging for necessary
consents from OYA for a youth offender’s medical treatment that is not routine,
including surgery.
(E) Obtaining emergency medical
care, when necessary.
(b) Medication Administration:
(A) Foster parents must comply
with applicable provisions of OAR chapter 416, division 340.
(B) A youth offender may refuse
any medication. When this occurs, the foster parent must document the refusal and
immediately notify the youth offender's JPPO.
(C) A foster parent may administer
prescription medications to a youth offender 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 may
be shared only in compliance with Oregon Revised Statutes, and OYA administrative
rules.
(C) Foster parents must provide
OYA with copies of youth offender medical information.
(14) Religious, cultural, and
ethnic heritage
Foster parents must respect
the ethnic heritage, religion, 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 the youth offender’s choice;
and
(c) Not requiring a youth offender
to participate in religious activities or events contrary to the youth offender’s
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 the youth offender’s case
plan.
(b) Foster parents must be actively
involved in a youth offender's educational or vocational programs.
(c) Foster parents must 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) Foster parents must provide
recreational activities appropriate to the age and abilities of a youth offender,
as described in OAR chapter 416, division 500.
(b) Foster parents must encourage
a youth offender to participate in community activities both with the foster family
and on the youth offender’s 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 by foster parents.
(b) Foster parents and members
of the household may not provide tobacco products in any form to youth offenders.
(c) Youth offenders may use
private home swimming pools and hot tubs only under supervision of a foster parent
or certified respite provider.
(d) All alcoholic beverages
must be stored and locked in a manner sufficient to prevent access by youth offenders.
(e) All marijuana and marijuana-related
paraphernalia must be stored and locked in a manner sufficient to prevent access
by youth offenders. Marijuana may not be consumed in the presence of, or within
sight of, youth offenders.
(18) Safety: Foster parents
must:
(a) Be aware of a youth offender's
location at home and in the community at all times;
(b) Have an adequate system
for monitoring youth offenders during the night;
(c) Ensure that keys to locked
storage and motor vehicles are secured at all times;
(d) Inspect a youth offender's
room on regular basis to prevent the offender 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 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; OYA 1-2014, f. & cert. ef. 1-15-14; OYA 4-2015(Temp), f.
& cert. ef. 8-14-15 thru 2-9-16
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,
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, with clean bed linens, blankets (as appropriate to the season), and pillows;
and
(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
prior approval of the OYA Community Resources Manager.
(c) Children of foster parents
are prohibited from sharing a bedroom with a youth offender.
(d) The Foster Home Certifier
must determine the maximum number of youth offenders allowed to occupy each bedroom
based on room size and the availability of adequate personal space for each youth
offender. Placement of more than the determined maximum number of youth offenders
allowed to occupy each bedroom is prohibited.
(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) Foster parents must allow
flexibility in the decoration of sleeping areas 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 OYA Community Resources
Manager, in consultation with OYA Community 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. Foster parents must provide proof
of rabies vaccination to OYA upon request.
(6) Deadly weapons:
(a) Foster parents must immediately
notify the Foster Home Certifier anytime a deadly weapon is brought to the foster
home.
(b) Deadly weapons must be
stored in a locked compartment behind a locked door that prohibits access and is
not visible to youth offenders.
(c) Firearms:
(A) Any foster parent or
member of the household who possesses a concealed weapon permit must:
(i) Give OYA a copy of the
permit; and
(ii) Give OYA a written plan
regarding how the foster parent or member of the household will keep concealed weapons
secure from youth offenders.
(B) Firearms must remain
unloaded and stored in a locked gun safe or behind double locks that prohibit access
and visibility to youth offenders. 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 adequate.
(C) Except for law enforcement
personnel, no person in any vehicle transporting a youth offender may carry a loaded
firearm.
(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.
(c) An emergency access must
be available to any room that has a lock.
(d) Stairways must be equipped
with handrails.
(e) All hazardous chemicals,
cleaning materials, solvents and combustibles must be stored in locked storage sufficient
to prevent unauthorized access.
(f) In addition to section
(4)(a)(D) of this rule, at least one functioning smoke alarm must be placed on each
floor of the foster home.
(g) At least one unexpired
and operable class 2-A-10BC or higher rated fire extinguisher must be available
and maintained on each floor in each foster home.
(h) Outdoor tools and equipment
and machinery must be stored in a manner sufficient to prevent unauthorized access.
(i) A written home evacuation
plan must be available to all youth offenders.
(A) Foster parents must practice
the evacuation plan 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.
(j) The use of space heaters
are 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.
(k) 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.
(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
Standards.
(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 may 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 and refuse must be stored appropriately, with no accumulation of garbage,
debris, or rubbish that emits offensive odors.
(j) Youth offenders in the
foster home may not be subjected to second-hand smoke.
(9) Transportation safety:
(a) All vehicles used to
transport youth offenders must have, at a minimum, liability insurance coverage
in accordance with Oregon law.
(b) Foster parents and other
members of the household who transport youth offenders must be licensed and insured
drivers, and 21 years of age or older.
(c) At least one foster parent
or 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 may not
operate a vehicle owned by a foster parent, member of the household, or volunteer
if the vehicle 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; OYA 1-2014, f. & cert.
ef. 1-15-14
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 Foster Home Certifier
must submit a written exception request, state the need for the exception, and sign
the request.
(b) The OYA Community Services
Assistant Director 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 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 will consider, among
other factors, the ratio of adults to youth offenders; the level of supervision
available; the foster parent's skill level; and the needs of other children in the
home.
(2) No exceptions may be
made for rules relating to life 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; OYA 1-2014, f. & cert. ef. 1-15-14
416-530-0090
Denial, Suspension, and Revocation of Youth
Offender Foster Home Certification or Re-Certification; Inactive Referral Status
(1) Denial:
(a) 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 OYA within the time frame set by OYA; or
(C) Fails to inform OYA of
conditions that could disqualify the foster parent or the foster home from certification.
(b) If OYA proposes to deny
an application for a foster home certification or re-certification, 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) 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 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 Youth Offender Foster Home Certification or Re-certification.
(2) Suspension:
(a) OYA may suspend a youth
offender 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 a youth
offender or the community. In the event of a 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 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 OYA, OYA will
initiate proceedings to revoke the youth offender foster home certification. 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 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) OYA may revoke 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; 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 a youth
offender 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 a youth offender foster home certification, 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 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 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) 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 a 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
a youth offender. Prior to placing a foster parent on inactive referral status,
OYA may discuss the status change with the foster parent. OYA will 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 youth offenders
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) A 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
January 2012, 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; OYA 1-2014, f. & cert. ef. 1-15-14
Certification Standards for Private
Youth Care Agencies
416-530-0100
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 "proctor
homes."
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 1-2014, f. & cert. ef. 1-15-14
416-530-0110
Definitions
(1) 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.
(2) 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.
(3) Proctor home: A home
in the community that is co-certified by OYA and a Private Child-caring Agency and
supervised by the Private Child-caring Agency.
(4) 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.
(5) Proctor parent agreement:
A written agreement between the Private Child-caring Agency and the proctor parent
stating mutual expectations of the parties.
(6) Private Child-caring
Agency Volunteer: An individual working on assignments for a Private Child-caring
Agency, or applying for or requesting to work on assignments for a Private Child-caring
Agency on an unpaid basis.
(7) Private Child-caring
Agency: A Child-caring Agency that is not owned, operated, or administered by any
governmental agency or unit.
(8) Youth offender proctor
care: Includes care, food, and lodging provided on a 24-hour basis for youth offenders
in a home approved by OYA and the Private Child-caring Agency, as defined by OAR
chapter 416, divisions 335, 530, 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; OYA 1-2014, f. & cert. ef. 1-15-14
416-530-0125
Certificate of Approval
(1) Proctor parents are recruited, trained,
paid and supported in their efforts 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 youth offenders in a proctor home without a current, valid
youth offender proctor home certification issued by OYA.
(3) In addition to compliance
with OAR chapter 416, division 530, Private Child-caring 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 Child-caring Agency and OYA.
(c) Intergovernmental agreements
between OYA and other agencies, as applicable.
(d) 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 and observe
the physical premises of the proctor home, and interview youth offenders, 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 youth offenders. When making a determination about
a person's suitability to work with youth offenders, 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 youth offenders.
(5) If the applicant meets
the requirements of OAR chapter 416, division 530, OYA will issue a Youth Offender
Foster Home Certificate to operate a proctor home under contract with a Private
Child-caring Agency.
(a) This certificate will
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) Youth offender foster
home certification will 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
(C) When the contract between
OYA and the Private Child-caring Agency is terminated.
(c) The Private Child-caring
Agency must immediately notify OYA in writing if either (A) or (B) above occurs.
(6) The Private Child-caring
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 by OYA. OYA will determine final approval or disapproval of any exceptions
to these rules.
(7) If a 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 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 416-530-0090.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010,
420.888 - 420.892
Hist.: OYA 15-2004, f. &
cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2014, f. &
cert. ef. 1-15-14
416-530-0130
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 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 Child-caring Agency must provide specific proctor parent support services
that enhance a proctor parent’s ability to successfully meet the supervision
needs of youth offenders placed by OYA.
(3) The Private Child-caring
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
may OYA youth offenders 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 youth offenders placed through Interstate Compact
with courtesy supervision provided by OYA.
(5) The total number of youth
offenders per home may be increased to no more than five, to provide proctor parents
a short-term respite from proctor care responsibilities.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010,
420.888 - 420.892
Hist.: OYA 15-2004, f. &
cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2014, f. &
cert. ef. 1-15-14
416-530-0140
Youth Offender Proctor Home Requirements
(1) The Private Child-caring Agency
must ensure that its youth offender 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 providing
proctor care. These agreements must be approved by 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 Child-caring 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 Child-caring
Agency as required on each youth offender in placement.
(B) Proctor parents with
whom youth offenders are placed must contact Private Child-caring Agency staff immediately
in the case of emergencies.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010,
420.888 - 420.892
Hist.: OYA 15-2004, f. &
cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2014, f. &
cert. ef. 1-15-14
416-530-0150
Combination of Care
(1) The Private Child-caring Agency
or its proctor homes may 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 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,
420.888 - 420.892
Hist.: OYA 15-2004, f. &
cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2014, f. &
cert. ef. 1-15-14
416-530-0160
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 youth offender proctor home.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010,
420.888 - 420.892
Hist.: OYA 15-2004, f. &
cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2014, f. &
cert. ef. 1-15-14
416-530-0170
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 Foster Home Certifier
must submit a written exception request, state the need for the exception, and sign
the request.
(3) 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.
(4) The OYA Community Services
Assistant Director 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 Community Services Assistant Director
when evaluating subsequent requests for exceptions.
(5) In evaluating a request
for an exception, the OYA Community Services Assistant Director 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.
(6) No exceptions may be
made for rules relating to life safety.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010,
420.888 - 420.892
Hist.: OYA 15-2004, f. &
cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2014, f. &
cert. ef. 1-15-14
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 modifications:
(a) Frequent Visitor: a person
who regularly visits a transitional care home more than five hours per week when
a youth offender placed in the transitional care home is present.
(b) Member of the household:
Any person, other than a youth offender, who lives in the transitional care home
or on the property where the transitional care home is located, is a frequent visitor
to the transitional care home, or assists in the care provided to the youth offender.
(c) 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.
(d) Transitional care respite
provider: An individual, certified by OYA, and who temporarily assists with supervision
of youth offenders when the transitional care provider is not available.
(e) Transitional care home:
A Youth Offender Foster Home in the community that is maintained and lived in by
an OYA-certified transitional care provider who provides supervision, food, lodging
and transitional services for one or more youth offenders 18 through 24 years of
age in that home.
(f) Transitional care provider:
A foster parent certified by OYA who has been authorized by OYA supervise youth
offenders 18 through 24 years of age in a youth offender transitional care home
setting, and is 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 chapter
416, divisions 335 and 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) 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 due to the age of the youth offenders in transitional
care.
(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) A transitional care provider
must:
(a) 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) Establish a system for
a youth offender to notify the youth offender’s transitional care provider
of the youth offender’s whereabouts at all times;
(c) Be accessible to youth
offenders 24 hours per day so a youth offender may contact the transitional care
provider in case of an emergency or other needs; and
(d) 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 the youth offender’s family as indicated by the youth offender’s
case plan.
(7) A transitional care provider
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, youth
offenders may remain in the transitional care home unsupervised if approved by the
youth offender’s JPPO, foster home certifier and the transitional care provider.
If a youth offender’s JPPO, foster home certifier, or transitional care provider
determines that supervision is required, an OYA-certified respite care provider
who is at least 25 years of age and capable of assuming transitional care responsibilities
must be present to supervise the youth offender. Any adult who is at least 25 years
of age and has obtained prior approval from the transitional care provider, JPPO,
and foster home certifier may provide supervision of a youth offender in a transitional
care home for three hours or less.
(c) When a transitional care
provider plans to be absent from supervising youth offenders overnight or longer,
the transitional care provider must provide OYA advance notice, and a respite care
provider must supervise the youth offenders during the absence. The transitional
care provider must provide the following information to OYA when providing 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 provider must:
(a) Provide an appropriate
quantity and quality of food. Transitional care providers are not required to provide
prepared meals to youth offenders;
(b) Assist youth offenders
with meal planning, and may provide meal preparation instruction;
(c) Provide youth offenders
daily access to kitchen facilities to prepare meals and snacks; and
(d) 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 provider must:
(a) Ensure each youth offender
has adequate clothing that is appropriate to the youth offender’s age, gender,
and individual needs;
(b) Help facilitate youth
offenders’ money management skills to prepare for independent living and to
meet any court-ordered financial obligations; and
(c) 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 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 correct
dosage. Youth offenders placed in transitional care homes may have access to over-the-counter
medications.
(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 have unsupervised access to swimming pools and hot tubs if approved
by the transitional care provider and JPPO.
(17) Bedroom doors in transitional
care homes may have locks if approved by the foster care certifier. A transitional
care provider must have access to any locked room.
(18) A youth offender in
a transitional care home may have access to domestic cleaning supplies. The transitional
care provider 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; OYA 1-2014, f. & cert. ef. 1-15-14

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