The Oregon Administrative Rules contain OARs filed through November 15, 2015
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OREGON DEPARTMENT OF EDUCATION
YOUTH DEVELOPMENT DIVISION
DIVISION 45
SYSTEMS AND PROGRAM OPERATIONS
423-045-0005 [Renumbered to 414-525-0005]
423-045-0010 [Renumbered
to 414-525-0010]
423-045-0015 [Renumbered
to 414-525-0015]
Early Childhood Planning
423-045-0020
Purpose
Each Local Commission on Children and Families, as part of the Local Plan for the county or region, will coordinate voluntary local early childhood system planning that focuses on the needs of children who are zero through eight years of age and their families.
Stat. Auth.: ORS 417.705 - 417.797
Stats. Implemented: ORS 417.705 - 417.797
Hist.: OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. & cert. ef. 9-15-04
423-045-0025
System Requirements
(1) The Commission will involve in the planning process parents, youth, and community members and representatives of local providers of early childhood services that reflect diversity of the county or region, including but not limited to:
(a) Hospitals and the health profession;
(b) Local Intergovernmental coordinating councils;
(c) Oregon prekindergarten programs;
(d) Contractors who are designated by the Superintendent of Public Instruction to be responsible for the administration of early childhood special education and early intervention services in a service area;
(e) Community corrections agencies;
(f) Mental health service providers;
(g) County health departments;
(h) Healthy Start Family Support services programs;
(i) Alcohol and drug treatment programs;
(j) Child care providers;
(k) Local Child Care Resource and Referral agencies;
(l) Developmental disability service providers;
(m) The kindergarten through grade 12 education community;
(n) Faith-based organizations; and
(o) Other providers of prenatal and perinatal services.
(2) The early childhood system planning developed by each Local Commission will:
(a) provide for the coordination of early childhood programs by creating a process to connect children and families with the most appropriate supports;
(b) Include a description of how the components of the voluntary early childhood system of services will be implemented in the county or region;
(c) Build on existing programs;
(d) Identify ways to maximize the use of volunteers and other community resources; and
(e) Ensure that diverse populations within a community receive services that are culturally and gender appropriate.
(3) The voluntary early childhood system planning will work to achieve the early childhood benchmarks and intermediate outcomes jointly identified by the State Commission on Children and Families, the Department of Education and the Department of Human Services, with input from early childhood partners.
(4) The voluntary early childhood system will include the following components:
(a) A process to identify as early as possible children and families who would benefit from early childhood services;
(b) A plan to support the identified needs of the child and family that coordinates case management personnel and the delivery of services to the child and family; and
(c) Services to support children who are zero through eight years of age and their families who give their express written consent. These services include:
(A) Screening, assessment and home visiting services;
(B) Specialized or targeted home visiting services;
(C) Community-based services such as relief nurseries, family support programs and parent education programs;
(D) High quality child care;
(E) Preschool and other early education services;
(F) Health services for children and pregnant women;
(G) Mental health services;
(H) Alcohol and drug treatment;
(I) Developmental disability services; and
(J) Other state and local services.
(5) Local voluntary early childhood services will be guided by the 2004 Quality Assurance Guidelines established jointly by the State Commission on Children and Families, the Department of Education and the Department of Human Services, with input from early childhood partners. A copy of the Quality Assurance Guidelines is available from the Agency.
Stat. Auth.: ORS 417.705 - 417.797, & 419A.170
Stats. Implemented: ORS 417.705 - 417.797
Hist.: OCCF 1-2004, f. & cert. ef. 9-15-04
Court Appointed Special Advocate Programs
423-045-0030
Purpose
The purpose of these rules is to assist counties in the implementation and operation of Court Appointed Special Advocate Programs (CASA). CASA Programs seek to ensure healthy, thriving children and strong, nurturing families by advocating for the best interests of children involved in juvenile court proceedings due to abuse or neglect. Court Appointed Special Advocates are volunteers, appointed to a child by the Court and remain a consistent advocate for the child for the duration of the court case, securing a safe and permanent family as quickly as possible. These rules are the minimum standards for the establishment, operations, evaluation, and funding of CASA Programs under ORS 419A.170.
Stat. Auth.: ORS 417.705 - 417.797 & 419A.170
Stats. Implemented: ORS 419A.170
Hist.: OCCF 1-2004, f. & cert. ef. 9-15-04
423-045-0035
Program Restrictions
(1) Systems Requirements:
(a) CASA Programs will promote outcomes consistent with the local comprehensive community plan that reflect the best interest of abused and neglected children.
(b) CASA Programs will promote culturally competent and gender specific services consistent with Agency guidelines.
(c) CASA Programs will, in conjunction with the local Commissions: identify existing services; prioritize additional services necessary (i.e.: mental health, drug and alcohol); and maximize the use of community resources that support families to achieve the desired outcomes for the child.
(d) Local Commissions are not required to do a competitive process for CASA Programs every biennium. Local Commissions may consider a competitive or collaborative funding process when significant deficits in program operations and services are found or when changes in stability of service delivery system present new possibilities for these services.
(2) Age: Children from birth to 18.
(3) Service Area: CASA Programs provide for the recruitment, training, support and supervision of Oregon Court Appointed Special Advocates.
(4) Program Requirements: CASA Programs will operate in accordance with ORS 419A.170, be members in good standing of the National Court Appointed Special Advocate Association and demonstrate compliance with the Standards for National CASA Association Member Programs (effective 9/2002 or subsequent versions), and any other standards adopted by the State Commission; these provide a blueprint for the CASA approach and identify quality assurance standards. The CASA approach is based on research and proven strategies and includes direct contact with the child as appropriate to the case.
Stat. Auth.: ORS 417.705 - 417.797 & 419A.170
Stats. Implemented: ORS 419A.170
Hist.: OCCF 1-2004, f. & cert. ef. 9-15-04
Relief Nurseries
423-045-0101
Relief Nurseries
The Program Purposes and Restrictions are described in 423-010-0024(8). The description includes Clients, Services Areas, Matching Funds, Funding Processes, and Eligibility for State Funding of Relief Nurseries. OAR 423-045-0101 through 423-045-0185 are the standards for the establishment, operation, evaluation, and funding of Relief Nurseries under ORS 417.788.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0105
Definitions
(1) "Agency" means the State Commission acting through the staff of the Oregon Commission on Children and Families as defined in ORS 417.735(6).
(2) "Caregiver" is the adult or adults who provide the majority of care and nurturing for the child. The Primary Caregiver is the person with whom the child spends the majority of their time.
(3) "Local Commission" is a local commission on children and families appointed pursuant to ORS 417.760.
(4) "Relief Nursery" means an agency that:
(a) Includes therapeutic early childhood education and developmental programs, home visiting, parent education and support services;
(b) Meets the requirements of OAR 423-045-0101 through 423-045-0185; and
(c) Meets the requirements of OAR 423-010-0024(8) and is determined Eligible for State Funding.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0110
Relief Nursery Statewide Operations
Existing Relief Nursery directors will advise the Agency regarding:
(1) Readiness of an organization to become a Relief Nursery by reviewing and approving the Local Commission application as required by OAR 423-010-0024(c)(B);
(2) Requests for waivers submitted to the Agency as outlined in OAR 423-045-120 and make recommendations to the Agency regarding each waiver request.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0112
Resolution of Conflict
This rule outlines the process for resolution.
(1) In the event of a conflict between the recommendations made to the Agency as outlined in OAR 423-045-0110 and the Agency's decisions, Relief Nursery directors may request consideration of the decision at the next regularly scheduled meeting of the Executive Committee of the State Commission. Relief Nursery directors may appeal the Executive Committee's decision to the State Commission at its next regularly scheduled meeting.
(2) In the event of a conflict between the requestor for a waiver to the Agency as outlined in OAR 423-045-0120 and the Agency's decisions, the requestors may request consideration of the decision at the next regularly scheduled meeting of the Executive Committee of the State Commission. Requestors may appeal the Executive Committee's decision to the State Commission at its next regularly scheduled meeting.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0115
Informed Consent
Relief Nurseries will make sure that parents have given express written consent before providing services or releasing information.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0120
Waivers
If a Relief Nursery cannot meet a requirement of OAR 423-010-0024(8) or of 423-045-0101 through 423-045-0185, the Local Commission and the Board of Directors of the Relief Nursery requesting a waiver must jointly submit a written request to the Agency for a waiver to such requirement, with specific justification and plan for meeting the intent of the requirement. The Agency will review the request for waiver and respond in writing within 90 days of receipt of the waiver.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0125
Prerequisites
(1) ORS 417.788 designates the responsibility for establishment of Relief Nurseries to Local Commissions. Early involvement of Local Commissions in establishing new Relief Nurseries is essential. Relief Nursery advocates must ensure that services provided by Relief Nurseries are identified as needed in the Local Comprehensive Plan.
(2) Local Commissions and the Agency will provide initial information to assist an emerging Relief Nursery in meeting the minimum requirements for becoming a Relief Nursery.
(3) Local Commissions will notify the agency of any pending Relief Nursery development that may result in requests for state funds.
(4) Before a Relief Nursery will be eligible to receive state funding, it must meet the requirements in OAR 423-010-0024(8)(c) or obtain a waiver as outlined in OAR 423-045-0120.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0130
System Requirements
(1) Coordinate with Local Early Childhood System:
(a) Relief Nurseries must be consistent with the local early childhood system planning described in ORS 417.777 and in OAR 423-010-0024(8)(c)(A), and must actively participate in local community efforts described in OAR 423-045-0020 and 0025;
(b) Relief Nurseries are community-driven, nongovernmental organizations.
(2) Coordinated Home Visiting. Relief Nurseries will coordinate their home visiting services as needed with Healthy Start, the local health department and other home visiting programs.
(3) Participation. Relief Nurseries must participate in the following activities initiated by the Agency or Local Commission:
(a) Statewide Relief Nursery evaluations;
(b) Statewide and local training or meetings, as required; and
(c) Reviews by OCCF or Local Commission staff, as necessary.
(4) Mandatory Child Abuse Reporting. Relief Nursery staff and volunteers are mandatory reporters as defined in ORS 419B.005 through 419B.050
(5) Data Collection. Each Relief Nursery must have the capacity to adequately collect and report data. Relief Nurseries will use required forms established by the statewide evaluation and Local Commission.
(6) Quality Assurance Standards. Relief Nurseries must meet statewide and local early childhood system Quality Assurance Standards.
NOTE: Copies of the Statewide Early Childhood System Quality Assurance Standards are available from the Agency.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0135
Infrastructure
The Relief Nursery must have an infrastructure that provides oversight, responsibility and resources necessary to provide services on an ongoing basis.
(1) Organizational Structure. Each Relief Nursery must be incorporated as a 501(c)(3) organization.
(2) Licenses. Relief Nurseries must be licensed or certified by the Employment Department Child Care Division.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0140
Sustainability
The Relief Nursery must provide a business plan to the Local Commission that documents at least 25 percent match, of any state allocation, in local community financial support. The business plan must also delineate anticipated support for the ongoing operation of the program and services.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0150
Minimum Services
The Relief Nursery must include early childhood education with home visiting, and parent education and support. The Minimum Services to be provided by a new Relief Nursery are outlined below.
(1) Basic Needs Support and Services. Relief Nurseries will provide resource referral, short- and long-term problem solving, and emergency food and clothing as available.
(2) Therapeutic Early Childhood Classroom. These classrooms provide nurturing and developmentally appropriate activities and interactions to promote the healthy development of children who have multiple risk factors and stresses linked to neglect and abuse.
(3) Child Screenings and Assessments. All children must be regularly screened and assessed when indicated, for appropriate development using research based developmental screening.
(4) Minimum Hours. Relief Nurseries will operate one or more therapeutic classrooms with the following time periods:
(a) A minimum of one three-hour class per week for infants up to 12 months of age;
(b) A minimum of two three-hour classes (a total of six hours per week) for children 12 months and older.
(5) Curriculum. The therapeutic classroom curriculum must:
(a) Integrate focused interventions for children with emotional, social and behavioral concerns or delays. Individual child goals are developed and recorded in the child records;
(b) Adhere to principles and guidelines for developmentally appropriate practices;
(c) Support development in all domains (physical, cognitive, social/emotional, language); and
(d) Respond to the unique needs of the child and family.
(6) Class Size and Ratios. Relief Nurseries must meet the following minimum ratios of adults to children, which may include a mix of qualified staff and trained volunteers. A minimum of three adults, at least two of whom must be staff, for:
(a) Six children, ages 6 weeks to 24 months;
(b) Eight children, ages 24 to 36 months; and
(c) Eleven children, ages 3 to 5 years.
(7) Home Visiting:
(a) Home visiting, provided by the child's classroom teacher, is a required component for participants in the therapeutic early childhood classroom;
(b) Home visiting promotes healthy development, care and support of the child in the context of the family. It also provides parenting support and education that includes child development and facilitates individual and family goal setting and support. Home visits also help with problem solving, resource and referral, family stabilization, and improving parent and child interactions;
(c) Home visiting staff will coordinate with other community service providers.
(8) Frequency of Visits:
(a) For children attending class twice a week, classroom teachers will visit children and families in their homes at least once a month, providing a supportive service, based on the unique needs of the child and the family's goals;
(b) For children attending class once per week, classroom teachers will visit children and families in their homes at least weekly for one to two hours, providing a supportive service, based on the unique needs of the child and the family's goals.
(9) Parent Education and Support. All parents served by the Relief Nursery must be offered parenting education, through home visiting or groups, using evidence-based curriculum that is appropriate to the needs of the family.
(10) Nutritious Meals and Snacks. Relief Nurseries must provide nutritious snacks and meals following USDA standards for nutrition during program hours.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0155
Staff Requirements
Staffs that provide therapeutic early childhood classes, home visits, outreach and crisis response services must meet the following qualifications:
(1) Qualifications for Direct Service Staff. Direct services staff, at a minimum, will have either:
(a) A bachelor's degree in early childhood or relevant field with early childhood teaching experience; or
(b) A combination of an associate's degree, Oregon Registry Level 4, and appropriate experience; or
(c) A degree in a field other than child development or early childhood education and six courses in child development or early childhood education focusing on children from birth to age six.
(2) Exceptions. Relief Nursery directors may make an exception to staff qualifications in a special circumstance. Applicants who do not meet the qualifications above may be hired if a two-year Professional Development and Training Plan is written and implemented. Staff hired under this exception must receive more intense training and supervision during the two-year training period.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0160
Training Requirements
New hire training and participation in ongoing training is required for all staff. Individual training plans are developed around demonstrated competencies.
(1) New Hire Training. New and ongoing training must include, but not be limited to: therapeutic relationships; boundary setting with children and families; supporting children's feelings; supporting attachment for children and families; supporting therapeutic work in preschool curricula; understanding parent education issues for multi-stressed families; basic observation and assessment strategies; awareness of cultural contexts of families; substance abuse issues; documentation; understanding family support principle; and home visiting.
(2) Professional Development. Each Relief Nursery must provide for the ongoing professional development of its staff.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0165
Supervision
Relief Nurseries must ensure that supervisors are experienced in supervision or have supervisory training.
(1) Supervisors. Supervisors must provide regular, ongoing, high quality supervision for all assigned staff. Supervision must address topics of child and family case management, individual personnel issues, and professional development and support. Supervisors will maintain records documenting supervisory activities.
(2) Ratios. Relief Nurseries will maintain a supervision ratio of one supervisor to eight direct service staff.
(3) Timely Supervision. Supervision of Relief Nursery staff will be provided in a timely manner appropriate to the experience and the needs of the staff. Individual and group supervision will be provided.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0170
Direct Service Volunteers
Relief Nurseries must assure that direct service volunteers are trained and provided with ongoing support and guidance. Relief Nurseries may not allow volunteers to be alone with children.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0175
Services of Mature Relief Nurseries
Relief Nurseries are expected to offer these additional services beginning the third year of operation.
(1) Transportation. Relief Nurseries provide transportation support services through bus services for children, bus tokens or gas vouchers; and
(2) Outreach & Crisis Response. Relief Nursery staff provide immediate services for family stabilization including, but not limited to, one-on-one meetings, resource and referral support, phone consultation, and follow up.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
423-045-0185
Optional Services
A Relief Nursery may also provide the following services or make referrals to programs that provide such services:
(1) Alcohol and drug recovery and support services;
(2) Additional home-based services;
(3) Early intervention and early childhood special education;
(4) Mental health services;
(5) Supervised visitation services for courts;
(6) USDA certified food program; and
(7) Services to Mandated Clients:
(a) Relief Nurseries may provide parent education classes that include participants who are mandated by the courts to attend classes, and who are not involved in other Relief Nursery services;
(b) Participation in Relief Nurseries may be part of a service plan developed by the Department of Human Services Self Sufficiency or Child Welfare Services.
Stat. Auth.: ORS 417.710
Stats. Implemented: ORS 417.788
Hist.: OCCF 1-2007, f. & cert. ef. 2-12-07
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contained in the Administrative Order filed at the Archives Division,
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